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(영문) 수원지방법원 안양지원 2013.08.20 2012고단109 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 22, 2002, the defendant was released on January 27, 2006 from Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the parole period was expired on February 15, 2006.

The Defendant conspired with C to receive the product by deceiving the victim by explaining the financial ability of the Defendant despite the absence of the intent or ability to pay the product at the ginseng processing product manufacturing shop, “E” operated by the victim D, even though two persons were released from prison due to the lack of financial ability, and even if they were to receive the product at the time of confinement, the Defendant received the ginseng processing product of the amount of 5,7640,000 won in total from the victim three times as follows.

1. On May 7, 2006, the crime C presented conditions, such as providing real estate collateral, against the victim who had been aware of from February 2006 to March 2006, and had been rejected after requesting on credit transaction of ginseng processed products. However, on April 2006, after being supplied with sampling processed products from the victim, the victim was supplied with sampling processed products and the price of the products was 2 million won immediately settled, and the victim was able to believe himself.

On May 7, 2006, the latter, the defendant found the "E" place of business located in the Geumsan-gun F in C and Chungcheongnam-gun, and introduced the defendant as the chairperson of the G "G", and made an investment in the amount of 3 billion won. The defendant also believed that he/she would make an investment in the amount of 3 billion won, and that he/she would sell ginseng-processed products and settle the price if he/she supplies ginseng-processed products. Accordingly, the defendant received from the victim the ginseng-processed products in an amount of 18.2 million won in total in that place of business.

2. The crime C on May 9, 2006 is committed on May 9, 2006, according to the mother of the Defendant.