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(영문) 서울북부지방법원 2020.04.10 2020고정323

사기

Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, the above fine shall be paid on 100.

Reasons

Punishment of the crime

1. On May 25, 2017, Defendant A was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Seoul Northern District Court on June 25, 2017, and the judgment became final and conclusive around that time.

On March 3, 2016, the Defendant accepted the proposal from D to the effect that “E” operated by D in Jung-gu Seoul Central Government, “F, the victim corporation, sold the product combining Samsung gallon 5 mobile phones and Samsung Typ North 9 Lbent, while the Defendant purchased the aforementioned mobile phone and galpt North Korea at a different place and paid the payment for the installment.” The Defendant accepted the proposal from D to the effect that “F would dispose of the aforementioned mobile phone and galpt North Korea at a different place and make a full payment for the Defendant’s existing mobile phone unpaid charges.”

However, in fact, the defendant did not have any particular property or income at the time, and there was no intention or ability to pay the installment of the product properly because the credit rating falls under class 9, such as the overdue loan of a million won in a financial institution.

Ultimately, according to the above agreement, the Defendant committed as if he would normally pay the completion of payment through D on the same day, prepared an application for new joining of mobile phones and a mobile installment trade contract, and submitted it to the victim, and it was issued from the victim the first unit of Samsung T&T, the market price of which is equivalent to KRW 89,800 in the market value of Samsung Ggalth, Samsung T&T (1,100,000).

2. Defendant B, along with A’s wife, found at the same time and place as that set forth in the preceding paragraph, received a proposal from D to that effect, and accepted it.

However, in fact, the defendant did not have any particular property or income at the time, and there was no intention or ability to pay the installment of the product properly because the credit rating falls under class 9, such as the obligation of several million won to financial institutions.

Ultimately, the Defendant would make installment payments through D in accordance with the above agreement of D.