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(영문) 울산지방법원 2015.01.22 2014고단2225
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who produces cremation machinery in the trade name of Busan-gu C. D.

1. On September 2, 2013, the Defendant produced 1 set of “Automatic 10 Rawls” and “3 factoring machines”, which are machinery necessary for the production of cremation paper, from the office of the Ulsan-gun, Ulsan-do, Ulsan-do, Ulsan-do, Ulsan-do, Ulsan-do, and the Ulsan-do, Ulsan-do, Ulsan-do, the Republic of Korea-U.S., to the victim E by January 2, 2014.

As we have now placed used machines, 20 million won is changed as down payment after purchasing the above used machines and manufacturing them immediately.

The Defendant made a false statement. However, the Defendant did not have any obligation, such as the cost of parts that was not paid at the time, monthly rent, etc., and the machinery requested from other customers was not manufactured due to lack of funds, and attempted to use it for the manufacture of other machinery, instead of purchasing the used machinery to receive down payment from the victim, and instead using it for debt and living expenses, and for other machinery. The Defendant did not have any intent or ability to manufacture and supply the machinery even upon receiving a request for machinery manufacturing. Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Defendant’s account at around 13:50 on September 3, 2013, and acquired it by transfer from the victim. On October 2013, the Defendant is expected to have continuously completed and supplied the machinery at the Ulsan District Council office located in the Republic of Korea, the Seoul District Council established on July 1, 2013.

If the victim's used machinery is used as used machinery, the balance of 15 million won shall be deducted from the machinery price.

"Finally, it made false statements."

However, the Defendant did not have the intent or ability to manufacture and supply machinery as stated in paragraph (1), and did not commence the manufacture because he did not purchase the machinery to be supplied to the victims at the time.

Nevertheless, the defendant deceivings the victim as above, and is in the position of the victim.

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