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(영문) 인천지방법원 부천지원 2019.05.22 2018고단2249
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

1. The Defendant is the actual operator of 2018 Gocheon-si B building, 'C' established for the purpose of manufacturing the cosmetic, and the victim E is the operator of 'H' established for the purpose of selling and publicizing the cosmetic, 'B building', 'H' established for the purpose of selling and publicizing the cosmetic.

On March 10, 2017, the Defendant reported the “H” established by the victim in I, and found the victim as the above office, and, if the Defendant wants to manufacture cosmetics in the future, the Defendant made the victim feel a sense of care from the victim, such as “I would like to create and supply products and continuously cooperate with the victim, as long as I want to do so, I would like to be able to do so, and I would like to make a large amount of order.” Even after the delivery performance by the victim, I would like to show the victim’s ability to provide advice and prospects for the project, and expected to expand the project.”

However, on February 2017, the Defendant failed to place an order after receiving an order for cosmetics, but failed to pay the price. From April 2017, there was difficulty in operating the business, such as being seized because the Defendant failed to pay the price to the customer.

On June 16, 2017, the Defendant made a false statement to the victim E, stating, “If the amount to be used urgently is leased KRW 5 million as it is necessary, the Defendant would make repayment immediately.”

However, even if the defendant borrowed the above amount, he did not have the intention or ability to repay it immediately.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim’s account in the name of the Defendant.

B. On July 8, 2017, the suspect called the victim on the phone of July 8, 2017, “the cost of manufacturing Maspact” requires KRW 2 million, and no money is paid as credit payment.

If the above amount is lent, it is immediately.

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