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(영문) 수원지방법원 성남지원 2014.06.27 2013고단1494
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2] Around April 8, 2013, the Defendant was unable to pay KRW 20,00,000, out of KRW 30,000,000 of the lease deposit to be paid to the Dmarket due to the shortage of funds. Even if the Defendant sold the goods in Dmarket and was planned to use the goods for other purposes without paying it to the victim E, even though the Defendant was unable to have the intent or ability to pay the price of the goods to the victim. However, even if the Defendant’s phone calls to the victim and supplied the livestock products to Dmarket, it was deemed that “The Defendant would exercise the right of rent for 10 days from April 8, 2013 to April 18, 2013, and make payment in cash on the last day of 10,000,000,000 won, the Defendant was obtained from the victim’s 30,000,000,000 won and then was planned to use the goods for other purposes.”

[2013 Highest 2108] On April 8, 2013, the Defendant was unable to pay KRW 20,000,000, out of KRW 30,000,000 of the lease deposit to be paid to the Dmarket due to the shortage of funds. Even if the Defendant sold the goods in Dmarket and was planned to use the goods for other purposes, he did not pay it to the victim F, so even though the Defendant was unable to have the intent or ability to pay the price of the goods to the victim. However, if the Defendant opened the livestock products to Dmarket and supplied the livestock products, he did not have the intention or ability to pay the price of the goods to the victim, the Defendant received the false money from the victim to the end of 10 days from April 8, 2013 to April 18, 2013, and received the payment in cash on the last day of 10,000,000 won from the 18th day, 2013.

Summary of Evidence

(b).

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