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(영문) 서울중앙지방법원 2016.11.15 2014고단7014
사기
Text

The defendant shall be sentenced to 10 months of imprisonment with prison labor and 3 months of imprisonment with prison labor for each of the crimes of 1, 2, 4, and 5 in the judgment of the court below.

Reasons

Punishment of the crime

On May 25, 2011, the Defendant was sentenced to the suspension of the execution of four months by imprisonment with prison labor for a crime of violating the Road Traffic Act (unlicensed Operation) at the Seoul Central District Court on the Seoul Central District Court on June 2, 2011, and the judgment was finalized on June 2, 2011.

"Criminal Facts"

1. Around February 1, 2012, the Defendant stated to the effect that, at the D office in the operation of the Defendant located in Jongno-gu Seoul Metropolitan Government Defendant C, the victim F, the representative of the E Co., Ltd., would pay the price in cash by the end of the following month.

However, the defendant had a debt equivalent to about 30 million won at the time, and did not pay the factory rent, etc. properly. However, even if he was supplied with steel by the victim, he did not have an intention or ability to pay the price normally.

Nevertheless, the Defendant deceivings the victim as above, and then received steel materials equivalent to KRW 5,879,940 at the market price on February 2, 2012, the Defendant acquired 9,59kg of the steel materials equivalent to KRW 3,528,954 at the market price on February 21, 201, and acquired 12,403,743 g of the steel materials equivalent to KRW 2,94,849 at the market price on February 22, 2012, and acquired 9,59kg of the steel materials equivalent to KRW 2,327 g of the steel materials at the market price on February 2, 201.

2. On November 3, 2012, the Defendant: (a) concluded a contract with the victim who believed the end on November 8, 201, to supply goods; (b) received from the victim a supply of one electric transport circuit production machine equivalent to KRW 37,200,000 at the market price around February 3, 2012.

However, in fact, the defendant has a large amount of obligation to pay at the time, and even if he is supplied with machinery from the victim without paying the rent of the factory, he did not have an intention or ability to pay the price as agreed.

Ultimately, the Defendant, by deceiving the victim in the above manner, is worth 37,200,000 won at the market price.

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