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(영문) 수원지방법원 평택지원 2013.10.10 2013고단467
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 25, 2012, the Defendant called the victim D, who operates a sanction in the name-free distribution office in Yeonsu-gu Incheon Metropolitan City, for a false statement that “the Defendant received an order to supply timber from the E company” and made a request for the supply of timber to the Defendant. However, as the victim did not believe it, the Defendant sent the victim a facsimile to the business registration certificate of the E company, which was kept in custody in advance, to the victim.

However, in fact, the Defendant had had the intent to supply timber to Dong-ri, Inc., a company in which the victim would take the delivery of timber due to the first default of payment, and had no intention to supply it, even though he did not know of the operator of the E company, the final supplier was a false statement as the E company in order to receive timber from the victim.

The Defendant received timber equivalent to KRW 7,484,400 at the market price from the victim at around that time and did not pay the price, thereby acquiring profits equivalent to the same amount.

2. On June 5, 2012, the Defendant: (a) called the victim at the same place as the foregoing paragraph (a) and sent the victim a false statement to the effect that “the Defendant received an order to supply timber from a FF company”; and (b) provided the Defendant with the supply of timber; (c) the victim was unable to believe this, and (d) sent the victim a business registration certificate of the FF company

However, even at this time, the Defendant only intended to supply the above timber to the above Dong-ri, and even without the intention to deliver it to the F Company, and even if not known to the F Company’s operator, the final supply room was false as the F Company for receiving timber from the victims.

The Defendant received timber equivalent to KRW 5,227,200 at the market price from the victim around that time and did not pay the price, thereby acquiring profits equivalent to the same amount.

Accordingly, the defendant is the victim.

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