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(영문) 울산지방법원 2017.06.08 2016고단1978
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

The Defendant is a person who operates the red ginseng sales store called “D” in Ulsan-gu, Ulsan-gu, and the victim E is a person who runs the ginseng manufacturing and sales business in the Chungcheongnam-gun, Chungcheongnam-gu. The Defendant was in a state of suspension due to the Defendant’s failure to pay for the red ginseng transactions with the victim from October 2007, while doing red ginseng transactions with the victim.

On March 2013, 2013, the Defendant called the victim on the Homan's land, and paid the red ginseng price so far, and suggested to supply the ginseng on credit by increasing the volume of ginseng compared to the previous transaction, with two points opened and proposing to increase the volume of the ginseng. The Defendant stated that “The husband owns the building, and the Defendant supplied the ginseng that reduces the pollution level as security to the building on credit.”

In 2014, the defendant was requested by the victim from the first police officer to provide a security by telephone, and the husband is difficult to provide the building as security in the United States.

The husband refused to provide a security to the effect that he/she is expected to be employed at a university located in Yangsan and will pay a certain amount of money if he/she entered the Republic of Korea, and thereafter, the victim said that the husband entered the Republic of Korea, and then the victim made a request for data from the injured party, such as “F University concurrent professor (gHH)” and “GH protocol”, and transmitted the name cards, etc. of the husband H(I) of the Defendant’s husband, which are indicated as “F University professor (GH).”

However, in fact, the Defendant did not intend to offer the building as security from the beginning, and the above H did not have been employed by professors holding concurrent positions at F University or G hedge prone, and there was no regular income. The profits from the sale of goods on credit were generated from the sales of all the goods on credit to the injured party due to consumption of goods in the Defendant’s living cost, and there was no ability or intent to pay the price.

The defendant as above.

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