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(영문) 서울북부지방법원 2018.11.28 2018고단3707
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On May 21, 2015, the Defendant was sentenced to two years of imprisonment for fraud and three years of suspended execution at the Seoul Central District Court, and the above judgment became final and conclusive on May 29, 2015.

[2] On December 13, 2012, the Defendant entered into a contract with the injured Gun of the Republic of Korea (hereinafter “F”) to receive from the injured Gun of the Republic of Korea and supply the waste transformers to the victim in E office of the victim’s operation of E office in Ischeon-si, Leecheon-si.

When dismantling the waste transformers per year, it would be possible to purchase the waste transformers at the face of KRW 100,000,000 from the advance to purchase the waste transformers, and to have 300,000,000,000 per 1 km.

The goods will be supplied within 28 days after the receipt of the advance payment.

“Falsely concluding a supply contract with the victim with the aforementioned content, and preparing a supply contract with the victim to sell copper and scrap iron among the goods bided by Korean power to the victim.

However, the Defendant did not have entered into a contract with the disabled military forces of the Republic of Korea for the supply of the waste transformers as above. The Defendant did not have received a bid for the waste transformers from the Korean power, such as the above supply contract. Even if the Defendant received an advance payment from the injured party for the purchase of waste transformers, he/she intended to use it for personal investment without purchasing the waste transformers. The Defendant did not have any intent or ability to return the advance payment even if he/she did not demand the return from the injured party due to the lack of other assets.

The defendant deceivings the victim as above and acquired 100 million won through the NongHyup Bank account (G) in the name of the defendant from the victim on December 14, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;

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