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(영문) 수원지방법원 평택지원 2019.07.11 2019고단111
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On August 23, 2017, the Defendant was sentenced to 8 months of imprisonment for fraud aiding and abetting in the Suwon District Court’s Pyeongtaek Housing Site, and 2 years of suspended sentence, and the said judgment became final and conclusive on August 31, 2017, and is currently under suspended sentence.

1. Fraud;

A. A. On December 27, 2017, the fraud Defendant made a false statement to the victim “D” operated by the victim C in Ansan City B in December 2017, 2017, stating that “The Defendant would pay the amount of the hot wind to the victim within three months on credit.”

However, in the case of the purchase contract for the hot wind in the name of E written under the name of E presented by the victim at the time, it was arbitrarily prepared by the Defendant to receive the hot wind, and there was no intention or ability to pay the purchase price within the agreed period, even if the Defendant received the hot wind from the victim even if he received the hot wind from the victim, in economic difficult circumstances, such as the payment of approximately KRW 50 million at the time, and the interest equivalent to KRW 1,300,000 per month was paid.

Ultimately, around December 27, 2017, the Defendant, by deceiving the victim as such, received two agricultural winders equivalent to KRW 12.8 million at the market price from the victim.

B. Around February 28, 2018, the defrauded, around February 28, 2018, presented a written contract for agricultural winding machines written in the name of F to the victim under the above “D” and made a false statement to the effect that “the Defendant would pay hot winding machines within three months on credit.”

However, in fact, in the case of the purchase contract for the hot wind in the name of F, which was written in the name of F, presented to the victim at the time, the defendant had no intention or ability to pay the purchase price within the agreed period, even if he received the hot wind from the victim even though he received the hot wind from the victim, in an economically difficult situation, such as the statement in paragraph 1 (a).

After all, the defendant deceivings the victim as such.

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