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(영문) 수원지방법원 여주지원 2016.01.11 2015고단255
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2013, the Defendant told C to the victim D office of the operation of the C in the wife population at Chicago-si, that “The Defendant would pay off the leased materials at the construction site after holding office at the construction site and receiving the rent from the construction site.”

However, in fact, the Defendant did not have certain income and assets at the time, and there was no intention or ability to return the said materials at the time agreed upon even if the materials were leased from the person who suffered damage because the Defendant was scheduled to relet the said materials to the lessor, and then to repay the predetermined amount of money in advance from the above lessee.

Around December 11, 2013, the Defendant: (a) by deceiving the said victim; and (b) received 2,000 sets of five hundred or more sets of five or more sets of five or more members per day in the open-end area in E-si, Leecheon-si; (c) from around that time to January 27, 2014, the Defendant leased 15 times a total of 56,615,570 won and did not pay the rent up to January 31, 2015, and acquired the same amount of pecuniary benefits.

2. On January 24, 2014, the Defendant stated that “The Defendant would pay the price if he/she delivers the factory uniforms to C,” from the D office described in paragraph 1.

However, as stated in Paragraph 1, the Defendant did not have certain incomes at the time, and there was a price dispute between G and the purchaser, and thus, the Defendant was unable to immediately receive the price from G, and thus there was no intention or ability to pay the price even if the Defendant received the bond from the injured party.

As above, the Defendant: (a) by deceiving the above victim; and (b) received from the injured party, a total amount of KRW 89,985,200 from H in the operation of G in both states on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution (including the part concerning the statement of theC);

1. Statement made by the police against C;

1. The investigation report (the details of the temporary re-sale and the particulars of the lease) shall be submitted and accepted;

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