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(영문) 전주지방법원 2016.05.25 2015고단2240
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2240] On July 28, 2009, the Defendant entered into a contract with the victim E at the office of "D Company" with the fourth floor of the Gangseo-gu Seoul Metropolitan Government C Building, and with the victim E at KRW 48 million at the sufficient market price of Category 7, such as D-1, and the down payment of KRW 10 million and cash KRW 4 million at the time, and immediately pays KRW 34 million at the time of delivery of goods.

“.” The purport was “.

However, in fact, the Defendant, at the time, was responsible for the debt of KRW 30 million with financial rights and the unpaid amount of KRW 30 million, and was planned to pay the above debt by disposing of the personal items supplied by the injured party as dumping. Since there was no specific property for the Defendant, there was no intention or ability to pay the above amount even if the goods were supplied as above.

As such, the Defendant, by deceiving the victim, brought 48 million won to the victim, i.e., the 48 million won from the seat, by fraud (payment of KRW 14 million).

[2016 Highest 179]

1. On June 2010, the Defendant lent KRW 11,00,000,00 as soon as possible, to the victim H of the G G G G G G clubs located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

The purpose of this " was false."

However, in fact, the defendant did not have any particular property, but even if he borrowed money from the injured party due to the relationship in which he bears the obligation of 30 million won of the financial right and the obligation of 30 million won of the transaction partner around July 2009, he did not have any intention or ability to pay the money.

Nevertheless, the Defendant, as seen above, received from the injured party a false statement, and acquired the money from the injured party to the I's veterinary cooperation account around June 27, 2010, which received KRW 11 million from the victim.

2. On August 26, 2010, the Defendant made a false statement to the effect that “The Defendant would repay the victim H at a G G G G G G club with KRW 2 million, as her mother intends to go to a hospital, at a rapid time.”

However, the defendant from the beginning.

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