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(영문) 서울남부지방법원 2018.01.30 2017고단3824 (1)
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 24, 2009, the Defendant was sentenced to two years of imprisonment for fraud in the vice branch of the Daegu District Court on December 24, 2009, and the parole period was expired on October 28, 201, when the execution of the sentence was released on March 4, 201 in the Composition Vocational Training Correctional Institution. On December 3, 2013, the Seoul Western District Court sentenced three years and two months of imprisonment for fraud at the Seoul Western District Court, and the judgment was finalized on December 11, 2013. On August 11, 2017, the Seoul Western District Court sentenced eight months of imprisonment for fraud and became final and conclusive on October 17, 2017.

Criminal facts

D is a person who operates Yeongdeungpo-gu Seoul Metropolitan Government F G located in Yeongdeungpo-gu under the name of E, the defendant is a person in charge of distribution business in G, and H is a person who operates an I agency.

D and Defendant 1 had started G business without any business funds. While H supplied goods worth KRW 10 million, such as a drilling, to G, it was not paid at all, and it was well known that G’s financial situation was insufficient to receive the payment, but, upon receiving the Defendant’s request, decided to introduce G business customers. Ultimately, the Defendants were willing to receive goods from the customer without the ability to pay the payment.

1. On May 201, the Defendant would pay KRW 100,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000

However, now, because there is no money, the credit transaction has been rejected from K, D lent the personal identification card on July 30, 201, which is the payment date of M from L (name omitted), and it is placed on the defendant, and "a person who intends to pay the price of goods, and return the price of goods to L", and the defendant used the family identification card for the payment of the price of goods, thereby having the victim enter into a contract for supply of goods with G.

However, as mentioned above, the defendant and D did not have any surplus funds, and the family register is available.

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