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(영문) 대전지방법원 2013.04.26 2012고단2894
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Daejeon District Court on November 1, 201, and the judgment became final and conclusive on November 19, 2012.

[2012 Highest 2894] On December 28, 2009, the Defendant sent 4263,000,00 UN (limited to KRW 5,470,000) accounts in the name of G from the victim, on the ground that the Defendant made a false statement to the victim E, “I will deliver money from G to FFFFFFFF, if I would transfer money to G account in the name of the customer, the customer, and will receive and deliver goods to the FFFF.” In order to transfer money from the victim, the Defendant did not have any intent or ability to deliver the money to FFFFFFF to the victim. However, even if I want to arbitrarily use the money from the victim, the Defendant did not voluntarily deliver it to the FFFFFF, and did not have any capacity to purchase and supply the goods.

[2012 Highest 3077] The Defendant drafted a contract for the purchase of goods with the victim I on August 3, 2011 at the H office of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-gu, 201, and received KRW 8,000,000 from the victim to the account in the name of Han Bank in the name of the Defendant on the same day as the down payment from the victim on the part of the victim, stating that the victim would supply the 100 tons of the pVC crushing goods every month at the same company. The proceeds of the goods should be paid first to the Party, which is false.

In fact, the defendant had no intention or ability to supply the PVC crushing goods to the victim in Japan because he/she thought that he/she borrowed money from the victim to repay or use it for personal purposes.

On August 11, 2011, the Defendant made a telephone call to the victim and received 5,697,000 won from the victim to the one bank account for the balance on the same day.

On August 12, 2011, the Defendant continued to call a phone to the victim on August 12, 201, and “Customs clearance fees, incidental expenses.”

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