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(영문) 대구지방법원 서부지원 2017.01.20 2016고단687
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] On October 2, 2015, the Defendant was sentenced to imprisonment with prison labor for not less than eight months in the Seo-gu District Court Branch of the Daegu District Court for the crime of conflict, etc., and the said judgment became final and conclusive on February 26, 2016.

[2] The Defendant is a person who was working for the production department in D Farming Cooperatives located in Cheong-do, Cheong-do, Cheong-do (hereinafter “instant Partnership”) from December 2, 2012 to December 2014.

1. On November 28, 2013, the Defendant, on the part of the victim E, made a false statement that he/she purchased an automatic setting machine among the above associations, and used 29 million won as the price for the purchase of machinery by receiving payment from the Daegu bank account in the name of the Defendant and using it for the cost of living, and had the victim E, a stock company, who received demand from the said associations to receive the said machine supply, deliver the automatic setting machine while in the above associations, thereby concealing the fact that he/she used it for personal use.

On March 3, 2014, the Defendant called the victim F's representative director F at the above union office's office to pay the face value of the Defendant's delivery of the medium setting machine.

“.....”

However, the fact is that the defendant had no intention or ability to pay the purchase price of machinery to the victim because it was merely to use the purchase price of machinery already paid by the above union for personal use and to conceal it.

On May 20, 2014, the defendant deceivings the victim as above and caused the victim to deliver one automatic string machine at the market price of 42 million won or more to the above union.

2. The Defendant, in relation to the victim G, committed the crime of fraud as set forth in the preceding paragraph, committed the crime, with the intent to obtain money by deceiving the victim G, who is the father of H, a stock company, to have the victim G, as if he could cause the said association to supply the machinery.

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