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(영문) 전주지방법원 군산지원 2013.07.11 2012고정591
사기
Text

A defendant shall be punished by imprisonment for six months and a fine for 4,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 18, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud in Hongsung Branch of the Daejeon District Court on July 18, 2012, and the judgment became final and conclusive on May 21, 2013, and completed the execution of the sentence in the military prison.

1. Even if the Defendant purchased clothing, the Defendant did not have an ability or intent to pay the value thereof.

Nevertheless, at around 12:00 on November 14, 201, the Defendant made a false statement to the victim “E” clothes sales store operated by the victim D in Gunsan-si C, which reads “I will immediately transfer KRW 120,000 won of the clothes purchased by the Defendant to the telebanking.”

As such, the Defendant, as if he were to provide the victim with the clothes value, by deceiving the victim, received goods equivalent to KRW 120,000,000 from the victim, such as one hond height of a bend, and two 20,000,000, which are equivalent to the market value of KRW 20,000.

2. The Defendant did not intend to purchase the goods at the interest house and clothing store operated by the victims.

On March 26, 2012, the Defendant purchased goods worth KRW 120,000,000 at the H clothes store located in the Sinsan-si F on March 15, 2012.

However, in fact, the defendant did not have the intention or ability to pay the price of the clothes, and even though he did not have the intention or ability, he did not pay the price of the clothes to South Korea as if he would pay the price of the clothes by account transfer.

The Defendant, by deceiving the victim as such, received goods equivalent to KRW 1.20,000 from the victim, which were 20,000,000.

B. On April 9, 2012, around 12:30 on April 9, 2012, the Defendant stated that “a large amount of interest would be purchased” in the K House for the operation of the victim J in the Sinsan-si I.

However, in fact, the defendant did not have the intention or ability to purchase a large amount of interest, "to purchase an interest equivalent to 2.6 million won", and was committed as if he would pay the clothing price.

The Defendant is the victim.

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