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(영문) 광주지방법원 2019.11.29 2018고단356

사기

Text

[Defendant A] Each of the crimes set forth in Article 1, 2, 5, 6, and 7 of the judgment of Defendant A shall be punished by imprisonment with prison labor for ten months, and each of the crimes set forth in Articles 3, 4, 8, and 9 of the judgment.

Reasons

Punishment of the crime

[Criminal Power] (Defendant A) On April 20, 2016, the Defendant was sentenced to a suspended sentence of two years on May 5, 2017 by the Gwangju District Court for the violation of the Punishment of Tax Evaders Act.

[2018 Highest 356 [Defendant A] (hereinafter “C”), the Defendant is a person who operates a specialized work company for the PC test with the trade name of “C,” and the victim D accepted the “FPC bank” located in Gwangju Mine-gu, Gwangju, and delegated the Defendant with the PC Corporation to change its trade name to “GPC bank” in March 2017.

1. On March 28, 2017, the Defendant stated, “When the Defendant sells used PCs (149 units, monitors 149 units) in the PC to other persons and then uses it at the time of purchasing a new PC, the Defendant would deduct the PC price from it.”

However, even if the defendant sells a used PC in another place, he did not have any intention or ability to purchase a new PC at the PC operated by the victim.

Nevertheless, the Defendant, as above, by deceiving the victim and obtaining the consent of the victim, sold a used PC (145 units, monitor 145 units) in the “FPC” to a medium and medium-sized enterprise located in Daejeon on the same day, and was transferred to a bank account in the H’s name using the Defendant.

2. On April 28, 2017, the Defendant stated that “If he/she pays to I a debt he/she has to pay 25 million won, he/she would deduct 25 million won when he/she purchases a new PC.”

However, even if the victim paid the above 25 million won on behalf of the victim, the defendant did not have any intent or ability to purchase a new PC on the PC operated by the victim.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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