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(영문) 대구지방법원 2018.10.18 2018고단2299
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who produces clothes, patterns, etc. under the “C” trade name.

1. On July 21, 2017, the Defendant said that, “C” located on the 14th floor of the Daegu Jung-gu D Building, Daegu-gu, which was requested by the victim E to produce a pattern and sampling for the Japanese clothes, the Defendant said that “The victim, who was requested by the victim E, “I would not have any person who is able to produce a pattern and sampling because the design of Japanese clothes is peculiar, and I would like to send a pattern to B while leaving a pattern, and rewing will be entrusted to the rewing factory of Seoul and handbling the factory.”

However, in the course of operating the above office, the defendant did not pay rent of KRW 10,000,000,000, such as the price of the house, and was also liable for the payment of the existing work cost to be paid to the factory that performs the refurning work. Therefore, even if he received money from the injured party for the production of clothes and sampling from the injured party, he was thought to be used for the purpose of repaying the defendant's existing obligation, and there was no intention or ability to properly make the production of a pattern and sampling for the above clothing.

Nevertheless, the defendant deceiving the defendant as above and delivered KRW 1920,000 to the defendant's subordinate bank account on the same day from the victim, as the cost of production, for the same year.

9. Around 29, around October 26, 190, the market price of the same year was 545,060 won and acquired by fraud by obtaining original parts of the production of sampling.

2. On July 26, 2017, the Defendant: (a) received the original 29 points of clothing from the injured party for the production of clothing pattern and sampling at the immediately preceding office around July 26, 2017 and kept them in custody for business purposes.

As such, the Defendant from February 6, 2018 to the same year.

3. In spite of the demand for return of the original clothes from the injured party by failing to perform the work requested until November 1, 200, the request was rejected without justifiable reasons.

Accordingly, the defendant returns the original clothes equivalent to KRW 5530,00 in occupational custody for the victim.

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