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(영문) 의정부지방법원 고양지원 2017.10.26 2017고단1957
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to six months of imprisonment for fraud in the Goyang Branch of the District Court on June 29, 2017, and the judgment became final and conclusive on September 21, 2017.

Defendant

B On February 10, 2015, the Incheon District Court sentenced 4 months of imprisonment for fraud and 2 years of suspended execution, which became final and conclusive on the 18th of the same month.

[Criminal facts]

1. The Defendants jointly committed the crime is a form of punishment, and around January 24, 2014, at the “F” store store for sports supplies in the operation of the victim E located in Namyang-si, Namyang-si, the Defendant A purchases all the sports supplies owned by the party at KRW 135 million to the said victim.

For the purpose of securing the payment of the purchase price, the false statement was made to the effect that “the test priority goods to be offered as security of 101 dong 702 and Dong 702,” and Defendant B made a false statement to the effect that “the Plaintiff shall deliver all the test sports goods to be offered as a joint and several surety and as security for the inside apartment to A” to the victim.

However, in fact, Defendant A did not have any particular property as a bad credit, and the apartment house to be offered as security is not owned by Defendant B, the same person, but merely transferred under Defendant B’s name, and there was no collateral value due to the lessee of the building on a separate date. Defendant B also did not have any intention or ability to pay the price normally even if it purchased all sports goods from the injured party because there was no particular import or property.

Nevertheless, the Defendants conspired to deception the victim and acquired the total amount of 135 million won (eight tons truck) at the market price on the same day from the victim, by obtaining the delivery of all the sports goods (eight tons truck) from the victim.

2. On November 3, 2014, Defendant B would accept the above victim’s “water-related 300 million won,” in front of the I underground store located in the Hah Government-si.

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