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(영문) 수원지방법원 성남지원 2017.01.20 2016고단2673
사기등
Text

A person shall be punished by imprisonment with prison labor for one year for a crime set forth in the judgment of the defendant, or for a crime set forth in the judgment of the court below.

Reasons

Punishment of the crime

[criminal history] On November 6, 2008, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking in drinking), and a fine of KRW 4,00,000 as a crime of violating the Road Traffic Act (drinking in drinking), etc. in the same court on October 6, 2010, and on December 4, 2014, the Defendant was sentenced to a suspended sentence of one year of imprisonment for a violation of the Road Traffic Act (drinking in drinking), on the grounds of a violation of the Road Traffic Act (drinking in drinking), and on December 12, 2014, the judgment became final and conclusive on December 12, 2014.

[Criminal facts]

1. Fraud against the victim (state)C (2016 highest 2673) the Defendant would sell it to E by the victim (state) C’s operator E of the victim (state)C of the agricultural product sales business around October 31, 2014, and pay the amount of the distribution until the 15th day of the following month.

“The purpose of this is to make a false statement.”

However, in fact, the Defendant had been faced with an economic difficult situation, such as having to pay 30 million won or more at the time of the Defendant’s debt and to pay 400,000 won as interest per month. Moreover, the Defendant had been able to pay for the amount of money after having received delivery of distribution from the injured party and then have been thought to be appropriated for living expenses, repayment of debt, etc., so there was no intention or ability to pay the amount even if having received delivery

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained the delivery of the 11,460km of the amount equivalent to the market price of KRW 9,168,00 at the G Office located in the Hanam-si of Gyeonggi-do (State) on the same day from the injured party; and (c) obtained it from the victim.

2. Fraud against the victim farming association H (2016 high group 2673) on May 9, 2015, the Defendant sold to the victim farming association H a director of the victim farming association H on the agricultural products sales business in the non-commercial area located in Gwangju Special Metropolitan City (hereinafter referred to as the “Seoul Special Metropolitan City”).

“The purpose of this is to make a false statement.”

However, in fact, the defendant was in a difficult situation, such as the defendant's debt increase in KRW 70 million, and also suffered damage.

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