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(영문) 전주지방법원 2012.08.30 2012고단1620
사기등
Text

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

Reasons

Punishment of the crime

Defendant was engaged in drinking water wholesale business with the trade name of Ansan-si, Ansan-si, and from around July 201, from around October 201 to around October 201, the Defendant had a debt of KRW 3-400 million with money, so even if having borrowed money from others, the Defendant did not have the ability to pay such money, and even if concluding a drinking water supply contract, the Defendant did not have the ability to supply drinking water.

1. Around the beginning of June 2011, when the victim D purchases beverages from the victim, the Defendant agreed to keep the beverages in C warehouse and release them to the victim whenever necessary. The victim purchased approximately KRW 200 million from the Defendant and kept them in custody by October of the same year.

While the Defendant stored the above drinking water for the victim, the Defendant arbitrarily supplied approximately KRW 21,646,600 out of the drinking water to the “E” located in Gyeonggi-do from August 2011 to December 2011, and embezzled it.

2. Fraud;

A. On October 30, 2011, the Defendant, at H office operated by the victim G in Yangcheon-gu Seoul Metropolitan Government, made a false statement that, if the Defendant borrowed six copies of household checks to the victim, the Defendant would move to the due date.

However, even if the victim borrowed the check from the victim, there was no intention or ability to repay it on the maturity date.

As such, the Defendant was issued six copies of the household check of five million won from the victim by deceiving the victim and deceiving him.

B. On November 7, 2011, the Defendant made a false statement to the victim G that the Defendant could grant drinking water when sending cash to the victim G.

However, the defendant had no intention or ability to supply drinking water even if he receives drinking water from the victim.

The Defendant, by deceiving the victim as such, received 7 million won from the victim to his own credit union account from the victim to receive 7 million won of the drinking water, and acquired property profits equivalent to the same amount.

C. On November 9, 201, when the Defendant sent cash to the Victim G on November 9, 201, drinking water may be reduced.

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