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(영문) 수원지방법원 2013.11.29 2012고단4108
사기
Text

In the case of fraud against the victim D in the judgment of the defendant, the victim E and F shall be punished by imprisonment for four months.

Reasons

Criminal facts

On August 11, 2011, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Suwon District Court on August 11, 201, and the judgment became final and conclusive on October 11, 201.

[2012 Highest 4108] The Defendant is a person who actually operates the “H” located in the G in terms of harmony, and the victim D is a representative of I Co., Ltd. in the population of the wife at the time of Gyeonggi-si.

On July 23, 2011, the Defendant made a false statement to K, who is an employee of I at the (State) I Office located in the (State) International Court of the wife PopulationJ, G, who is an employee of I, “The Defendant would produce three-face contact sets and supply KRW 84 million in total, not later than September 20, 201, on the face of week.”

However, in fact, the Defendant was not prepared to implement the above contract at the time of entering into the contract because it was mainly engaged in repair and sales brokerage of machinery and did not manufacture machinery, and even if he received the down payment from the victim due to his financial standing, he did not have the intention or ability to manufacture the machinery.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim as the down payment from the victim, and acquired it through the agricultural bank account in the name of the Defendant’s wife.

[2013 Highest 4739]

1. Around April 8, 2013, the Defendant against the victim E told the victim E, within the Nprinting Office located in M, that “The victim changed the victim’s 15 million won as a down payment to talk with the person in charge of the Nprinting Office, to live together with the Nprinting Office.”

However, even if the defendant receives the above down payment, he thought that he will pay his personal debt, and he did not have the intention or ability to allow the victim to live the above machinery by talking about the person in charge of the Nprinting establishment.

Nevertheless, by deceiving the victim and deceiving it from the victim to the Agricultural Cooperative (O) account in the name of the defendant on the same day, the victim acquired it by transfer of KRW 15 million as down payment.

2. The criminal defendant against the victim F is guilty at the office located in G around May 15, 2013.

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