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(영문) 서울서부지방법원 2017.12.13 2016고단3554
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On June 13, 2012, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence at the Seoul Southern Southern District Court on November 12, 2012.

[2] The Defendant of Eunpyeong-gu Seoul on September 8, 2015, “2016 High Order 3554, the Defendant, at the Defendant’s office located in Eunpyeong-gu Seoul on September 8, 2015, pays the amount to the Victim C by September 10 of the following month, by supplying lighting equipment.

“A false representation was made.”

However, the defendant did not have any particular property, and even if he received the price from another company by selling the above lighting fixture to the other company, he did not have the intention or ability to pay the price normally even if he received the lighting fixture from the damaged party, as it is difficult to use it as the operating fund of the company or to pay the price for the goods of the other

The Defendant: (a) by deceiving the victim as above; (b) received, around October 1, 2015, 811,800 won at the market price from the victim; and (c) received, from then on December 30 of the same year, a delivery of lighting products, such as an exclusive server for LED, the market price of which is equivalent to 35,305,050 won at a total of 54 times, as indicated in the list of crimes, from around December 30 of the same year; and (d) obtained pecuniary benefits equivalent to the same amount.

On July 5, 2015, the Defendant stated that “The Defendant would use and repay the project funds for the LED lighting business for three months, as it is urgently necessary to do so, at the music education institute office operated by the victim E in the underground of the Seodaemun-gu Seoul Building D, Seodaemun-gu Seoul.”

However, even if the defendant borrowed money from the injured party, he was thought to be used for his personal purpose such as living expenses, and he did not have the intent or ability to repay the borrowed money on the date that he promised to do not have any property, except for the loan obligation equivalent to three million won.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim, to the Defendant’s account on July 5, 2015, and was transferred to the Defendant’s account on July 31, 2015.

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