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(영문) 수원지방법원 성남지원 2019.01.22 2018고단1991
사기
Text

A person shall be punished by imprisonment with prison labor for any of the crimes of Articles 2 and 3 in the judgment of the defendant, with prison labor for any of the crimes of Articles 1 and 5 million won.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud in the Sungnam Branch of Suwon District Court on August 24, 2017, and the said judgment became final and conclusive on December 8, 2017, and is currently under the suspended sentence.

1. On October 7, 2016, the criminal defendant against the victim B made a false statement to the victim B at the mutual infinite shop located in the Orpo-Eup in Gwangju-si, stating, “If he purchases a freezing truck of KRW 64 million in 2010, he/she would purchase the 5 ton of KRW 64 million, he/she would deliver the finite to Kimpo-ju and the fin to the finite, and the delivery from the crossing to the finite to the finite.”

However, even if the defendant receives the vehicle purchase price, he did not have the intent and ability to secure the delivery route to the victim by purchasing the freight in the name of the Corporation D.

On October 7, 2016, the Defendant, by deceiving the victim, received 6 million won from the victim to the E (F) account in the name of the Dispute Resolution Co., Ltd. on October 7, 2016, and acquired 53,200,000 won in total, five times until October 21, 2016, and acquired 5,3.2 million won in total as vehicle purchase price.

2. Around February 2018, the defrauded made a false statement to the victim G, stating that “The Defendant would pay transport charges when transporting freezing food, etc.” to the victim G at the I Office in Gwangju-si H, Seoul-si.

However, the defendant did not have the intention or ability to pay the transport cost even if the defendant let the victim transport the goods.

As such, the Defendant, by deceiving the victim and allowing the victim to transport frozen foods, etc. from February 1, 2018 to March 31, 2018, and did not pay an amount equivalent to KRW 1050,050,000 of the transport cost, thereby acquiring property benefits equivalent to that amount.

3. On November 24, 2017, the Defendant against the Victim J may transport food materials to the Victim J at the International Office for the Resolution of the Settlement of Disputes as described in paragraph 2.

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