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(영문) 의정부지방법원 고양지원 2014.11.27 2014고단2478
사기
Text

A defendant shall be punished by imprisonment for up to seven months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On May 1, 2008, the Defendant stated to the effect that, at the office of the Defendant’s “E” (Collection and Sale Company of Recycled Articles) operated by the Defendant, the victim F, “I have collected and compresseded industrial waste vinyl in the Gyeonggi-do area, and opened the secondary factory in Echeon in Gyeonggi-do, and can compressed and sell a large number of industrial waste vinyl. As such, the Defendant would supply an industrial waste vinyl for one year per week per week.”

However, in fact, the above company did not intend to purchase an industrial waste vinyl with the money received from the victim as a result of continuous adequate situation, but intended to use it for business operation funds. The defendant did not have any specific property as a credit bad person at the time, and even if he received advance money from the victim, there was no intention or ability to supply the industrial waste vinyl to the victim.

Nevertheless, around May 2, 2008, the Defendant, by deceiving the victim, received 40 million won from the victim to the Agricultural Cooperative Account (Account Number: G) of the Defendant.

2. On June 23, 2008, the Defendant told the victim F to the effect that “The Defendant shall transfer KRW 10 million as the price of the article, which is the test to be loaded and sent as a result of preparation for compression of an industrial waste vinyl,” at the above office of “E”.

However, as stated in Paragraph 1, the Defendant was written with money received from the victim as operating funds of the above company and did not have any specific property as well as industrial plastic paper that is supplied to the victim. Therefore, even if the Defendant received the above money from the victim, he did not have the intent or ability to supply the paper plastic paper to the victim.

Nevertheless, on June 23, 2008, the Defendant, by deceiving the victim, received money from the victim as the price for the goods from the above account on June 23, 2008.

Summary of Evidence

1. Statement by the defendant in court;

2.The police statement statement of F. F. Law.

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