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(영문) 수원지방법원 성남지원 2019.01.10 2018고단811

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On November 5, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Sungnam Branch of Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on March 4, 2016.

【Criminal Facts】

1. On June 19, 2017, the Defendant stated that “A” store of the victim C’s “D” store located in the Gyeonggi-si Co., Ltd. in the Gyeonggi-si, “The Defendant is proceeding with the commission of the Frante electrical construction in both countries E, but, on credit, would pay the material price as soon as the construction is completed if the electric equipment is supplied.”

However, at the time of fact, the defendant did not intend or have the ability to pay the price even if he received the payment of the price by ordering the electrical construction in an economically difficult situation, such as failure to pay the wages of the employees as credit bad, and even if he received the payment of the price, he did not intend to pay the price even if he received the payment from the victim.

As above, the Defendant, by deceiving the victim, received electric equipment and materials, such as CV electric wires at the market price of KRW 939,300 on the same day from the victim, and acquired them by deception, from July 8, 2017, through the same method as the list of crimes in the attached Form nine times until July 8, 2017.

2. On July 4, 2017, the Defendant falsely stated that “The Defendant shall pay the victim a balance of five million won for construction materials, if he/she lends five million won to the victim.” On July 17, 2017, if he/she borrowed the Frante electrical construction, he/she will repay the balance without any difference.”

However, the defendant did not have the intent or ability to repay the borrowed money, even if he borrowed money from the victim for the reasons of the above paragraph (1).

As above, the Defendant deceptioned the victim, and obtained five million won in cash from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. The defendant;