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(영문) 대구지방법원 상주지원 2018.01.30 2017고단368
사기
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal records] On August 10, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court. The Defendant appealed to the Supreme Court against the above judgment, but on October 20, 2017, the above judgment became final and conclusive around that time.

[Criminal facts]

1. On October 2015, the Defendant made a false statement to the victim D’s fraud that “The victim would pay the amount immediately after the completion of the construction of the lighting machine upon delivery of the lighting machine to the victim” from the F of the victim D’s operation in Daegu Northern-gu, Daegu-gu, would be the victim.

However, the Defendant, at the time, did not have the intent or ability to pay the price immediately after completion of the construction work, even if the Defendant received the payment of the construction cost or borrowed the money from others due to the debt equivalent to KRW 360,000,00, or borrowed the money from others, but paid interest or principal on other debt, etc.

On November 2015, the Defendant was supplied with lighting equipment equivalent to KRW 17,748,50 of the market price of the same month by deceiving the victim by the same method, and was ultimately supplied with lighting equipment equivalent to KRW 6,779,350 of the market price. Ultimately, the Defendant obtained the delivery of lighting equipment equivalent to KRW 24,527,850 of the market price.

2. On April 5, 2016, the criminal defendant against the victim G calls the victim G at an irregular place, and falsely concluding that “If the expenses, etc. for termination of civil procedure are required to pay the price of the supply of lighting fixtures, the bank will pay the attached funds with the price of the supply of lighting fixtures within the early date, if the bank lends five million won as the expenses, etc. for termination of civil procedure are required to pay the price of the supply of lighting fixtures.”

However, in fact, the Defendant borrowed money for personal purposes, such as company expenses, and did not intend to use the money for the borrowed name, and did not have any money seized at the bank, and even if it borrowed money from others in the amount of a debt equivalent to 3.6 million won at the time.

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