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(영문) 부산지방법원 2013.03.28 2012고단9579
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 13, 2005, the defendant was sentenced to imprisonment with prison labor for 8 months in the Busan District Court on September 21, 2005 and the above judgment became final and conclusive on September 21, 2005.

The Defendant, from around 1998 to around 2002, was a person who operated the “C” company of Franchising Manufacturing Business Co., Ltd. in Franchising-gu B, Busan, and on July 31, 2002, the Defendant left Korea on August 1, 2002, when the said company defaulted, it returned to China on September 10, 201, and was arrested at the Incheon State’s port of supply.

[2012 Highest 9579] The defendant said that the victim D would pay the price if he had a new bottom by processing it on May 1, 2002.

However, at the time, the Defendant did not have any intention or ability to pay the full-time processing price to the victim because the amount of KRW 1.26 billion received from the trader around 2001 was not due to the default and financial difficulties.

The defendant from May 1, 2002 to the same year from the victim.

7. On August 1, 2002, it was offered a new bottom by the end of 31,00 won without paying 30,758,200 won.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

[2012 Highest 10625] On March 3, 2002, the Defendant made a false statement that “The Defendant would pay the price of the goods worth KRW KRW 00 million by not later than March 31, 2002 on the face of the week, because he had to receive the price of the goods in the amount of KRW 00 million since he had to receive the price of the goods in the amount of KRW 100 million.”

However, there was no intention or ability to pay the amount normally even if it is delivered by the victim, because the amount equivalent to KRW 1.266 billion received from the trader around 2001 was in default, but it was difficult to pay the amount financially at that time, and the amount was several billion won.

Around March 30, 2002, the Defendant was supplied with 16,988,070 won at the market price by the victim, and was supplied with 9,861 metrehion.

In addition, the defendant does so by the above method.

4. Policemen: 29,781,189 won.

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