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(영문) 서울동부지방법원 2019.03.27 2018고단1309
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around June 8, 2008, the Defendant stated that “Around June 8, 2008, the Seoul Songpa-gu Seoul Songpa-gu Office for the Dispute Resolution Co., Ltd. of the Defendant’s Operation of the Defendant “A shall make payment in cash on the 10th day of the following month, as it supplies school meals to the victim E, and the settlement of payment is certain, if it delivers freezing meat

However, at the time of fact, the defendant has a debt worth of 200 million won, and the Dispute Resolution Co., Ltd has no ability to pay the price within the agreed time limit, even if he/she received the payment from the victim due to the aggravation of financial standing to the extent that employees

The Defendant was supplied from June 28, 2008 to the 18th day of the following month with frozen meat equivalent to KRW 26,024,915 in total as shown in the annexed crime sight table.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 2, 2008, the Defendant concluded that, “Around September 2, 2008, the Defendant would make a false statement to the victim of the Gangdong-gu Seoul Metropolitan Government F Victim G management H office that “if 10,000 million won should be prevented, the check will be placed at a discount of 2 to 3 days after the date of the check, and will be placed as a household check.”

However, at the time, the Defendant had an existing obligation of approximately KRW 230 million, and the Defendant had no intention or ability to repay the borrowed amount on the date of promise by the victim due to the aggravation of the financial situation of the amount of the supply in arrears, which is equivalent to KRW 40 million due to the accumulation of the deficit in the Defendant Operation and Bankruptcy Bank.

The Defendant received 10 million won check (total 10 million won) from the victim on the same day on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to E and G statement;

1. Penalty provisions: Each criminal law Article 347 (1) and each choice of imprisonment;

1. The former part of Article 37 and Article 38 of the Criminal Act among concurrent crimes;

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