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(영문) 대구지방법원 2020.05.07 2020고단1665
사기
Text

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

Reasons

Punishment of the crime

1. On October 2014, the Defendant, against the victim B, made a false statement to the effect that “The Defendant would sell the air conditioners produced by the Defendant to the Defendant in advance, on the part of the victim D, operated by the victim and sold air conditioners, etc. in Daegu Northern-gu, Daegu, Daegu, to the effect that “The air conditioners produced by the Defendant remain large, and sell the air conditioners to the Defendant in advance.”

However, there was no fact that the defendant secured the air-conditioner volume to sell them in a low quantity, and even if he received the air-conditioner price from the victim, he did not have any intention or ability to sell the air-conditioner.

As above, the Defendant, by deceiving the victim as above, was transferred to the Agricultural Cooperatives (F) in the name of E, the defendant, who is the mother of the defendant used by the victim, KRW 10,584,00 ( KRW 1,764,000 x 6) around October 7, 2019, KRW 13,440,000 ( KRW 1,680,000 x 8) around December 1, 201 of the same year, and KRW 8,50,000 ( KRW 1,70,000 x 5 x 5) around the 18th day of the same month.

Accordingly, the Defendant, by deceiving the victim, received a total of 32,524,00 won over three occasions.

2. On December 1, 2014, the Defendant against the victim G made a false statement to the effect that “The victim would have sold the air-conditioner quantity produced in this year to the victim in advance, and sell the air-conditioner in advance,” from the victim I operated by the victim in Daegu North-gu, Daegu, Seoul, to the effect that “the air-conditioner quantity produced in this year remains.”

However, there was no fact that the defendant secured the air-conditioner volume to sell them in a low quantity, and even if he received the air-conditioner price from the victim, he did not have any intention or ability to sell the air-conditioner.

As above, the Defendant, by deceiving the victim as above, was transferred to the Agricultural Cooperatives (F) in the name of E, the defendant, who is the mother of the defendant used by the victim, KRW 8,250,000 ( KRW 1,650,000 x 5) on the same day, and KRW 35,650,000 ( KRW 1,426,000 x 25) on the 17th day of the same month.

Accordingly, the defendant deceivings the victim, and total sum of KRW 43,900,000.

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