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(영문) 제주지방법원 2021.02.17 2020고단1002 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Defendant B entered into a contract to withdraw a siren with a siren 1002, Defendant B, who received the product and sold it to third parties without using the actual product.

On May 7, 2019, Defendant and B paid 119,600 won (per 59,800 won per 60 months) each month until June 6, 2024, Defendant and B entered into a sales contract in the name of B under the condition that they settle the payment with Samsung Card (number D). The ownership of the portion to be paid until the installment is paid in full, and Defendant and B cannot transfer, lease, or establish a pledge or mortgage of the portion to be paid without the consent of Defendant and B, and the installment amount to be paid was paid in installments under the name of B.

However, in fact, when the defendant and B receive the drying machine after the conclusion of the installment sales contract as above, the defendant and B were willing to transfer the drying machine to a third party without the consent of the victim and have no intention or ability to pay the installment fee normally.

Defendant, B, as such, deceiving E, the representative of the victim Dispute Resolution Co., Ltd., and its members are the same from the victim.

5. Around 15.15. He received the delivery of 7,188,00 won in total from the drieder G in Busan Nam-gu, Busan, by means of disposing of the said drieder to a third party who is not immediately identifiable.

The defendant and B concluded a contract to withdraw products with a siren 4249, 2020, 2020, 2020, 2020, 1855, 2020, 300,000,000,000,000,000,000,000 won.

Defendant and B shall pay 120,800 won monthly installments from April 8, 202202 to the victim H and the amount equivalent to 5,798,400 won in the market price at a place where it is impossible to know about the around May 21, 2019, Defendant and B shall be paid 120,800 won in installments for 60 months until April 8, 2024, and there is ownership of the part to be paid until the installment is paid in full.

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