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(영문) 대전지방법원 천안지원 2019.01.25 2018고단859
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From November 2013, the Defendant had no intent or ability to pay the cost even if he/she was supplied with automobile parts from the victims because he/she had no particular property owned by him/her in excess of his/her obligation, as a person who operated the automobile maintenance business under the trade name of “C” in Seo-gu, Seo-gu, Seoan City.

1. The victim D who committed the crime against the victim D is a person who runs a wholesale and retail business with the trade name of "E".

Around November 24, 2013, the Defendant makes a false statement to the effect that “C” provides the victim D with reliance on one year’s trust and glass for automobiles,” and that “The Defendant would pay the price without any molding one year after the purchase of the land for automobiles.” From the end of November 2014, the Defendant was supplied with automobile glass in the aggregate amounting to KRW 1210,000,000 in the market price from the victim D around November 201.

In addition, the Defendant by deceiving the victim D by the foregoing method, and received the favorable supply of a total amount of KRW 29,55,000 from November 2013 to March 2, 2016, as shown in the list of crimes in the attached Table (1).

2. The victim F of the crime against the victim F is a person who operates a car paint retail business under the trade name of “stock company G”.

The Defendant, around December 2013, has reached a large amount of unpaid payments to the victim F.C. However, the Defendant would continue to supply P.C. to pay the face value without a mold.

“Along on December 2013, the victim F was supplied with car paints equivalent to KRW 3,987,203 in total at the market price around December 2013.

In addition, the Defendant, by deceiving the Victim F in the foregoing manner, was supplied with an automobile paint amounting to KRW 10,058,279 from December 2, 2013 to February 2014, as indicated in the annexed List of Crimes (2).

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