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(영문) 서울중앙지방법원 2018.05.02 2017고단2361
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On December 22, 2015, the Defendant was sentenced to one year of suspension of execution on December 30, 2015 by imprisonment with prison labor for a violation of the Immigration Control Act at the Incheon District Court Branch Branch Branch, and the judgment became final and conclusive on December 30, 2015. On May 25, 2017, the Seoul Central District Court sentenced two years of suspension of execution to six months of embezzlement, and became final and conclusive on June 2, 2017.

[Criminal facts] [2017 Highest 2361]

1. The Defendant, from October 2014 to August 2015, operated a company that produces building materials, such as the erop, from Kimpo-si to Kimpo-si Co., Ltd. C, with the trade name of Kimpo-si.

On June 17, 2015, the Defendant calls from the above office to the victim D and supplies the uniforms to the lower unit price by lending money under the name of guarantee.

“The purpose of “ was to make a false representation.”

However, the Defendant did not have the intent or ability to normally pay or supply construction materials, such as uniforms, even if the Defendant borrowed money to the victim, because the Defendant repaid another borrowed money with the borrowed money due to the shortage of funds at the time.

The defendant deceivings the victim as above, and was delivered KRW 30,000,000 to the victim and KRW 20,000,000 on the same day from the victim.

In addition, on July 17, 2015, the Defendant made a false statement to the effect that “The Defendant is expected to immediately deliver the pump, and the price is deposited in advance,” by phoneing the victim at the above office.

However, even if the defendant receives money from the injured party as the price for the delivery, he did not have the intention or ability to deliver the normal quantity of products equivalent to the price.

The defendant deceivings the victim as above and was delivered KRW 14,256,00 on the same day from the injured party, and KRW 15,246,00 on the same day from the 22th day of the same month.

Accordingly, the defendant obtained a total of KRW 79,502,00 through four times and acquired it by fraud.

[2017 Highest 5432]

2. The Defendant is engaged in embezzlement and construction materials.

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