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(영문) 인천지방법원 2018.10.25 2017고단7899
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On February 19, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence on August 10, 2014. On November 15, 2017, the Incheon District Court sentenced the Defendant to four months of imprisonment for fraud, and the judgment became final and conclusive on November 23, 2017.

[2] Criminal facts [2017 Highest 7899] The Defendant found a D cafeteria operated by the injured party C in the Daesung-gu, U.S. on December 2, 2015, and known to it, supplied the injured party “if it is deemed that he/she would engage in petroleum wholesale business, he/she would supply the oil to the injured party at a container through a powder.

The Court decided that oil purchase cost, office materials cost, etc. should be changed.

However, the defendant was thought to use the defendant's living cost, personal debt repayment, etc. even if he received oil purchase from the damaged person, and there was no intention or ability to supply oil.

Defendant deceiving the victim as above and received KRW 5 million from the victim to the bank account (F) in the name of the Defendant, around January 26, 2016, from the victim, from the victim, and acquired it through deception by delivering KRW 54 million in total on six occasions from February 26, 2016, as shown in the list of crimes, from around February 2016.

[2018 order 48] On October 6, 2015, the Defendant entered into a lease agreement with the Defendant’s office located in the Jung-gu Daejeon Gtel H, Daejeon, with the content that the Defendant leases 26,770,000 won of the market price of the victim I Co., Ltd., for up to 48 months from the date of delivery. On October 14, 2015, the Defendant acquired one of the above passenger cars.

While the Defendant kept one of the above vans on behalf of the victim, the Defendant borrowed 3 million won from the nameless credit service provider in the vicinity of the KK market in Sungnam-si around November 2015, and arbitrarily opened one of the above vans on the pretext of security.

Accordingly, the defendant embezzled the victim's property.

[2018 Highest 2148] Defendant is a victim L, at an office where the address below Daejeon is unknown on August 10, 2015.

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