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(영문) 의정부지방법원 2016.07.22 2015고단981
사기등
Text

Defendant

A Imprisonment with prison labor for a crime of Nos. 3 and 5 in its holding, and for a crime of No. 1, 2, 4, and 6 in its holding.

Reasons

Punishment of the crime

[criminal record] On July 27, 2012, Defendant A was sentenced to five months of imprisonment for fraud and two years of suspended sentence, and the above judgment became final and conclusive on August 4, 2012. On October 21, 2014, the Seoul Northern District Court sentenced Defendant A to ten months of imprisonment for fraud, and the above judgment became final and conclusive on the 29th day of the same month.

Defendant

B was sentenced to imprisonment for fraud at the Seoul Northern District Court on October 30, 2008, and on November 22, 2009, the execution of the sentence was terminated. On March 13, 2015, the Seoul Northern District Court sentenced ten months to imprisonment for fraud, and the said judgment became final and conclusive on May 29, 2015.

[2015 Highest 981]

1. On April 201, Defendant A suffered damage to E by receiving the payment from the victim F, who had worked as the E plant site, after receiving the payment from the victim F, who did not pay the payment at all. The victim fell from E.

A. On December 4, 2012, Defendant A told the Victim F to “H” office located in Gui-si, Gui-si, Seoul, that “I will immediately settle the payment in cash if I would go to her leave due to her leaving the office due to her leaving the office, and if I would go to 2,000 kg office, I would pay the payment in cash.”

However, Defendant A, as if he did not have any property, had any cash that could be settled even if he did not, had the said property, was by deceptioned by the victim, and was supplied 1,200 kg per day with the red powder of 8.4 million won and then supplied 8,60 kg per annum of 5.6 million won following the day.

B. Defendant A stated, around December 11, 2012, at the above “H” office, that “I would complete the payment with the unpaid portion of 2,00 km prior to 15 days after the 15th day on which I would bring 3,100 km to the delivery unit.”

However, Defendant A had a debt to the extent of how much the outstanding amount to be repaid to other persons even at the time, and Defendant A deceiving the victim by deceiving the victim on the statement that he/she did not have any intent or ability to pay the outstanding amount, even though he/she did not have any intention or ability to pay the outstanding amount. The amount equivalent to seven million won around December 11, 2012.

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