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(영문) 수원지방법원 평택지원 2018.11.01 2018고단1568
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant was sentenced to the suspension of the execution of 8 months on December 10, 2015 by imprisonment with prison labor for a violation of the Illegal Check Control Act at the Suwon Flag, and the judgment became final and conclusive on December 10, 2015.

The Defendant is a person who operated E in Suwon-gu D from around 2012 to October 2014.

1. On July 2014, the Defendant, through E employee F, has been operating a large marina in a water source to the victim I in the operation of the Victim H located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

The current situation where cash is insufficient, and when the bill is delivered, it will be paid by the bill including interest, because it is no longer than three months.

“Around July 5, 2014, there was an excess amounting to KRW 419,00 from damage.”

However, at the time of receiving an excessive payment from the injured party, the Defendant operated several marinas and operated several marinas, resulting in the accumulation of an amount of KRW 1.5 billion for the management of marinas by not paying the goods to the customer, and delayed payment of the fee, etc. In the event that the check is anticipated to be defaulted due to the lack of sales, the Defendant was paying the amount by the so-called “return prevention” method, such as the issuance and discount of other tickets and the payment of the pre-paid check money. Since the Defendant thought that the pre-paid promissory notes that are anticipated to be unpaid upon receiving an excessive payment from the injured party was paid as the excessive payment, there was no intention or ability to pay the amount even if receiving the payment from the injured party for the excessive payment, the Defendant did not have any intent or ability.

As a result, the Defendant, by deceiving the victim, received an amount of 419,000 won from the injured party to obtain pecuniary benefits equivalent to the same amount of money from the victim, from that time until September 26, 2014, was supplied with an excessive amount of money equivalent to KRW 230,590,50 from three victims, such as the list I of crimes.

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