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(영문) 의정부지방법원 2015.05.28 2014고단4911
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who has operated a “D” static point on the first floor of Gangnam-gu Seoul Metropolitan Government C building.

1. On January 23, 2014, the Defendant against the victim B, in collusion with the wife E, concluded that “If he/she lends KRW 20 million to the victim B, he/she would pay monthly interest on KRW 3,000,000,000,000,000,000 to March 31, 2014.”

However, the Defendant had to pay 18.6 million won per month with the debt of 60 million won at the time and to pay 18.6 million won per month, so even if he borrowed money from the victim, he did not have the intention or ability to pay it.

On January 24, 2014, the Defendant acquired the money from the victim to the account in the name of E.

2. On April 1, 2014, the Defendant ordered the Victim G to pay the price to the victim G who operated H, as if he were to pay the price, and ordered the Victim G to pay the amount equivalent to KRW 1,130,350 at the market price on credit.

However, the Defendant had to pay the amount of KRW 18.6 million on a monthly basis with the amount of KRW 60 million at the time, so there was no intention or ability to pay the amount even if the Defendant was supplied with the above meat.

The Defendant, from that time to May 10, 2014, received meat equivalent to KRW 9,352,90 in total supply value from the victim and acquired it by deception.

3. On July 18, 2014, the Defendant ordered the victim I to pay the amount to the victim I, who was in operation of J, and ordered the victim I to pay the amount to the victim I, and the amount equivalent to the market price of KRW 996,444,00,000,000,000 on credit.

However, the Defendant had to pay the amount of KRW 18.6 million on a monthly basis with the amount of KRW 60 million at the time, so there was no intention or ability to pay the amount even if the Defendant was supplied with the above meat.

The Defendant, from that time to August 12, 2014, received the meat amounting to KRW 6,881,097 in total from the victim, and acquired it by deception.

Summary of Evidence

1. [The fact of No. 1 in the market]

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