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(영문) 청주지방법원 2019.01.10 2018고단464

사기

Text

The defendant shall be punished by a fine of KRW 3,00,00,00 for the crime No. 2 in the decision, six months of imprisonment with prison labor for the crime No. 1 in the decision.

Reasons

Punishment of the crime

[Criminal Power] On September 4, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the Cheongju District Court on September 10, 2015, and completed the execution of the sentence in the Ansan Prison on June 10, 2015.

【Criminal Facts】

"2018 Highest 464"

1. On November 3, 2011, the Defendant concluded that “The Defendant would issue a tax invoice in E and pay the price to the victim D by the end of December, 2011, if the air-conditioning equipment materials are supplied on credit at the office located in the office located in the territory of Sinju-si.”

However, at the time of fact, the Defendant was engaged in the E-Agreement facility business, but the contract price was not properly received from the contracting company, and the foregoing E-Agreement facility business was deficited due to the funds borrowed from the contracting company. Therefore, even if the E-Agreement facility material was supplied by the victim, there was no intention or ability to pay the cost.

The Defendant, as such, by deceiving the victim and being provided with air-conditioning equipment equivalent to KRW 792,00,00 from the victim, was provided with air-conditioning equipment and materials equivalent to KRW 40,615,673 on nine occasions in total as shown in the list of crimes in the attached Table.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

"2018 Highest 623"

2. On February 10, 2017, the Defendant called the Victim F by phoneing to the Victim F, stating, “on the face of lending money, he/she would lend money to another person and receive interest and return the principal.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to receive the interest, the principal, and was thought to be used as personal debt repayment, living expenses, etc. of the defendant.

Ultimately, the Defendant, by deceiving the victim and deceiving the victim, was 2.7 million won to the Agricultural Cooperative account in G name on February 10, 2017, and 3 million won to the account of H’s community credit cooperative account, and on February 13, 2017, to the account of community credit cooperatives in the name of the Defendant.