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(영문) 인천지방법원 2017.02.16 2016고단5902
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

around December 7, 2015, the Defendant: (a) around December 7, 2015, at the office of “E (former operator F)” in the operation of the building C of 106, Nam-gu, Incheon Metropolitan City (Seoul) (hereinafter “E”); (b) the victim I, the operator of G (Representative H), a cosmetics wholesale company, supplied goods to the victim I by giving priority to deposit the down payment of KRW 28,50,000 in total, including KRW 5,000, 5,000, 86, Pacific, and approximately 28,500,000,000 won, which is the mother’s head office, by December 2, 2015.”

However, in fact, the Defendant did not have the intent or ability to deliver the products to the victim, even if he received the down payment from the injured party because the Defendant traded the said products with the head office, etc. or intended to receive the said products.

On December 8, 2015, the Defendant received KRW 100 million from the injured party to the Busan Bank account (number: J) in the name of the F as the down payment.

"2016 Highest 7283"

1. On February 2, 2016, the Defendant, under the pretext of the sale of Class 2 cosmetics, has Category 2 300 sets for the Victim K.

When depositing 24,480,000 won into the Saemaul Treasury account in the name of L, the cosmetics will be sent.

“A false representation was made.”

However, as the Defendant did not have Class 2 300 sets, even if he receives money from the injured party as the sales proceeds of the above cosmetics, he did not have the intention or ability to send 300 sets of class 2 cosmetics to the injured party.

The defendant deceivings the victim as above and transferred KRW 24,480,000 as the sales proceeds of the cosmetic 300 kinds 2,00 in the Saemaul Treasury account (M) in the name of L on the same day from the victim.

2. On February 3, 2016, the Defendant, under the pretext of selling cosmetics, has “afterward 120 sets of cosmetics.”

This product is also purchased in addition.

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