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(영문) 서울동부지방법원 2017.05.18 2016고단3649
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 27, 2012, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Eastern District Court (Seoul Eastern District Court) and was released on July 30, 2012 during the execution of the sentence, and the parole period expired on September 7, 2012.

[Criminal facts]

1. The Defendant is a person who actually operates a cosmetic Co., Ltd. that sells cosmetics on the 7th floor of Gangdong-gu Seoul Metropolitan Government C building.

On January 7, 2015, the Defendant would supply the victim E with “10 pulse string 100 straws, 100 straws, and 200 hip hip 200 hip hip hips to the victim E.

In order to supply cosmetics without molding within one month from the date of remittance of the cosmetic price.

“A false representation was made.”

However, in fact, the Defendant did not have secured cosmetics from the time of glusium and the subsequent wombs, and it was unclear whether the above cosmetics can be secured due to their flusent phenomena, and even if he received the payment from the injured party, he was planned to use part of the payment for the purpose of paying the existing debts, living expenses, etc., so there was no intention or ability to supply cosmetics to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) obtained the delivery of the sum of KRW 15 million around January 7, 2015; (c) KRW 8.4 million around January 9, 2015; and (d) KRW 2,43.6 million around January 12, 2015; and (b) supplied only the remainder of the ASEAN 6.1.6 million by failing to supply the cosmetic; and (c) thereby obtaining property benefits equivalent to KRW 18.2 million.

2. The Defendant, on May 22, 2015, contacted the victim at the foregoing D office and repaid the money without molding it within one to two weeks if the money was lent KRW 5 million as the money was urgently needed to pay back to the Plaintiff.

“A false representation was made.”

However, the defendant is not less than KRW 50 million due to bad credit standing at the time.

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