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(영문) 인천지방법원 부천지원 2018.06.22 2017고단2331
사기
Text

A person shall be punished by imprisonment with prison labor for four months and six months, respectively, for the crimes of No. 2 of the judgment.

Reasons

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for embezzlement from the Incheon District Court Branch Branch of the Incheon District Court, and the said judgment became final and conclusive on September 18, 2015.

1. On July 10, 2015, the criminal defendant against the victim C entered into a contract for the transfer of machinery with the victim, which sells the said machinery at KRW 170 million to the victim C, by pretending that the first cost of machine learning in the office of the "E Company", which was located in D, was the possession of the defendant.

However, the above machinery was leased by the Defendant to Korea Capital Co., Ltd., and was unable to sell the machinery at will without permission of Korea Capital Co., Ltd., and the Defendant thought that he would use the machinery price received from the injured party for personal debt repayment, etc., and did not have been planned to use the said money for the purpose of acquiring the ownership of the machinery, such as the payment of rent, etc., so even if he received the money from the injured party, he did not have any intention or ability to legally transfer the said

The Defendant received KRW 100 million from the injured party as the same day of down payment and intermediate payment.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 30, 2015, the criminal defendant against the victim F would pay the victim F the amount 60 days after the date on which he/she supplied gold agents with credit at the place described in paragraph 1.

“A false representation was made.”

However, in fact, the Defendant had a debt of approximately KRW 50 million at the time, and the Defendant’s business operated was in the state of KRW 1,000 to KRW 200 million each month, so even if the Defendant was supplied with steel from the injured party, there was no intention or ability to pay the price after 60 days.

The Defendant was supplied with steel equivalent to 14,033,647 won at the market price on the same day from the injured party.

In addition, the defendant, from around that time to April 30, 2016, market price is six times as shown in the list of crimes in attached Form.

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