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(영문) 광주지방법원 해남지원 2018.07.05 2018고단25
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 4, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act in the Cheongju District Court’s Chungcheong branch on May 4, 2012, and four months in the same court on July 26, 2013, and completed the execution of the sentence in the Chungcheong detention center on December 14, 2013.

[Criminal facts]

1. The criminal defendant against the victim E may impose money on the victim in G operated by the injured party in Seoul Fman on April 2014, for a short period of time when he/she performs a funeral service for agricultural products, such as distribution.

It is soon to repay money with the funeral service payment.

“Falsely false.”

However, the Defendant did not wish to use the money borrowed from the injured party for the funeral of agricultural products, and was responsible for various debts without any particular property, so even if borrowing the money from the injured party, the Defendant did not have any intent or ability to repay the money.

In such a situation, the Defendant: (a) KRW 10 million from the injured party on April 6, 2014; and (b) KRW 10 million on April 24, 201; and (c) the same year.

6.2. 5 million won was transferred to a post office account under the name of the Defendant, and the Defendant acquired a total of KRW 5 million by receiving KRW 30 million in cash from April 2014 to June 2014.

2. The defrauded Co., Ltd. is the H representative operating agricultural products distribution business, and the victim Co., Ltd is a kimchi manufacturing company.

On July 6, 2017, the Defendant sent to the I director a mobile phone-based person in charge of purchasing a mountainous district of the victim company “If the Defendant sent an estimated amount of money to the I director because he has an additional 100 tons or more in a low-class store in the farming corporation.”

“Along with the text message, “” sent the text message, and entered into a distribution sales contract with the same content as the victim by transmitting the text message to “A” with a quantity of 100 tons in storage delivery volume, the purchase price of KRW 37 million, the buyer Co., Ltd., C, and the seller A” by facsimile on the 10th of the same month.

However, even if the defendant receives a charge from the injured party, he/she may deliver the charge.

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