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(영문) 대구지방법원 서부지원 2018.03.19 2017고단1554
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud in the Western Branch of the Daegu District Court for six months, and that judgment became final and conclusive on the 24th day of the same month.

2. Criminal facts;

A. On April 2012, the Defendant would pay the amount to the victim “E” from the “E” operation of the victim D in Daegu-gu Office C, Seogu, Seoul-gu, by the end of this month, if he supplies freezing meat.

“.........”

However, the Defendant did not have any intent or ability to settle the price, even if he receives freezing from the injured party, as the proceeds from the sale of frozen meat supplied by the injured party were to be consumed due to living costs, etc. because the economic situation at the time was difficult.

The Defendant, as such, deceiving the victim, thereby doing so from the time when the victim was damaged.

5. From February 7, 2013 to February 7, 2013, sales volumeed to KRW 10,923,713, as shown in the list of crimes in the separate sheet of crimes, including the freezing of the amount equivalent to KRW 1,560,520, 520, the goods were supplied with frozen meat totaled at 39 times.

B. On January 3, 2013, the Defendant would post a telephone to “H” of the victim G management in Seo-gu, Daegu-gu, and would immediately pay the amount to the victim if the Defendant sent the victim a window or a flag by extension.

“.........”

However, the Defendant did not have any intention or ability to settle the price even if the Defendant received out of the damaged person’s free will, since the Defendant’s profit from the sale of the windows that had been supplied by the damaged person due to the lack of economic circumstances at the time was consumed by living expenses, etc.

As such, the Defendant, by deceiving the victim, received the sale of the same day from the victim, by acquiring the 470,000 won or more from the victim and acquired it by deception.

(c)

On April 2013, the Defendant called “K” with the “K” operation of the Victim JJ in Daegu-gu, Hanman on the part of the Defendant, thereby leaving the phone to lick the victim “on the part of sending the door.”

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