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(영문) 의정부지방법원 2018.04.25 2017고단2959
사기
Text

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

Reasons

Punishment of the crime

The Defendant of Dongdaemun-gu Seoul Metropolitan Government 2017 Highest 2959 is a person who operates a motor vehicle parts company under the trade name of “D” in Dongdaemun-gu Seoul Metropolitan Government, and the victim E is a person who operates a motor vehicle parts wholesaler in the trade name of “F”, and the Defendant traded the motor vehicle parts from around 199 to the victim and the victim.

1. On August 24, 2016, the Defendant may supply the parts to the victim who was requested by the injured party from the above office of the Defendant at the time of the production of the parts after eight weeks from the date of the production of the parts, if the parts can be supplied and the parts can be paid at 40% from the prime contract deposit.

“Falsely false.”

However, in fact, the defendant thought that he would pay the parts of the victim to another business partner of the defendant, and around August 2016, G Company H, which was prior to the conclusion of the contract, he had already passed before G Company H, that the victim's parts in the trademark dispute cannot supply a fixed contract because the victim's parts cannot supply the parts. Therefore, the defendant had no intention or ability to provide parts even if he receives the parts from the victim.

As above, the Defendant: (a) by deceiving the victim as above; (b) received USD 25,00 from the victim as the price for parts; (c) USD 10,000 around August 24, 2016; (d) USD 10,000 around the same month; and (e) USD 50,000 around October 31 of the same year.

2. On February 28, 2017, the defrauded of the borrowed money intends to sell the warehouse to the victim at the coffee shop located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, with the payment of interest in arrears to the Credit Guarantee Fund and the seizure of warehouse.

When a warehouse is sold, the automobile part fee shall be refunded.

On March 10, 2017, if the person lends KRW 20 million, he/she has repaid the warehouse up to March 10, 2017, and sells the warehouse to return the automobile parts.

“The phrase “ was false.”

However, in fact, the defendant was planned to use the money to pay his personal debt, so even if he borrowed the money from the injured party, he shall be paid the money.

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