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(영문) 인천지방법원 부천지원 2013.03.14 2012고단1813
사기
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal record] On February 5, 2009, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the execution of the sentence was terminated on April 14, 2009 at the Seoul Central District Court.

[2012 Highest 1813]

1. Around October 28, 2011, the Defendant entered into a contract to purchase goods equivalent to KRW 3,770,000 in total, such as air conditioners, washing machines, TV sets, etc. at the LGbest shop G stores in Kimpo-si, Kimpo-si, Kimpo-si, with the victim D, and concluded a false contract to purchase goods equivalent to the sum of KRW 3,770,000,00 with the victim, who is the store owner, and “I would make payment after the lapse of the limit of the current card.”

However, in fact, the defendant was not prepared for the same living together, and the goods purchased from the victim were immediately sold to others, and it was thought that cash was prepared, and there was no intention or ability to pay the price for the goods to the victim.

The Defendant had the victim pay KRW 1,980,000 out of the price of the above goods at the seat, and KRW 1,790,000 on October 31, 201 by the credit card of the victim, and had the victim deliver the above goods to I in Dongdaemun-gu Seoul, Dongdaemun-gu and the second floor on the same day.

Accordingly, the defendant, by deceiving the victim to pay 3,770,000 won for the goods, acquired economic benefits equivalent to the same amount.

2. On June 26, 2012, the Defendant entered into a contract with the victim to purchase goods equivalent to the sum of KRW 4,450,000 in the market price, such as air conditioners, TV, and laundry, at the point of the LGbest shop at the Kimpo-si J of Kimpo-si (J) around June 26, 201, the Defendant paid first KRW 1,150,000 on the delivery of the goods, and then made a false statement on the remainder of the goods by credit card later.

However, the defendant does not have a credit card or money that can pay the full amount of the goods and sells the goods purchased from the victim immediately.

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