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(영문) 인천지방법원 2019.07.08 2019고단3486
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On February 9, 2017, the Defendant committed the crime of defraudation of goods at the office of the Co., Ltd. (hereinafter “Defendant”) operated by the Defendant on February 2, 2017, the Defendant provided the victim S’s agent T with the “knife knife would not pay the price in cash, and would make settlement with an electronic bill.” On February 8, 2017, the Defendant provided the victim with the “electronic bill (V)” under the name of the knife settlement price, which is 207,000,000 won from the issue date of U issuance of the Co., Ltd. on February 3, 2017 and on May 31, 2017.

However, in fact, the bill provided to the victim was only a bill that can be used for financing that the defendant acquired without a transactional relationship from the needy (one name WW President and X) and it was difficult to expect payment due to the due date. Since the victim did not notify such circumstances, the victim made the victim mistake with a bill that could normally be paid due to due date, and there was no intention or ability to provide a normal security or to pay the price for the goods even if the victim is provided with a knife by the victim, the victim did not have any intention or ability to pay the price for the goods.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained a total of KRW 94,232,60 from February 8, 2017 to March 31, 2017, and acquired by deception from the victim.

2. Around March 24, 2017, the Defendant: (a) called “around March 24, 2017, the Defendant for the crime of borrowing money by phone call to the said victim S’s agent T at a non-permanent place; and (b) fraudulently read that “If the Defendant borrowed money from the said victim’s agent, 1,000,000 won in cash is urgently required, he/she will pay the blades price that he/she received.”

However, the defendant thought that he would use the money borrowed from the victim as the drinking value for Y, and even if he did not have sufficient means to repay the money at that time, he borrowed money from the victim.

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