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(영문) 울산지방법원 2018.10.10 2018고단72
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On May 2, 2015, the Defendant: (a) made a false statement on May 2, 2015 at the D office, a waste business entity operated by the victim B in Yangyang-si, Yangyang-si, Yangyang-si, that “The Defendant is aware of whether he/she would be entitled to a vinyl bid from E; and (b) changed the cost.”

However, in fact, the defendant did not have any intention or ability to purchase vinyl for the victim because he was scheduled to use it for personal repayment, etc. in receiving money from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received a total of KRW 6 million, including KRW 3 million around May 7, 2015, KRW 2 million around May 13, 2015, and KRW 1 million around June 9, 2015, from the victim, as the purchase price of vinyl in the name of a corporate bank account (Account Number G) in the name of F operated by the Defendant.

B. On May 23, 2016, the Defendant of the crime committed around May 23, 2016, at a place at a port of paragraph (a) around May 23, 2016, put in the victim the proceeds in selling KRW 330 per 1 kilogram, which can be closed to the company of State H, and KRW 400 per 1k per industrial ende.

The phrase “ makes a false statement.”

However, in fact, the Defendant received the victim’s goods from the victim and sold at a lower price than that of talking to the victim, and the sales proceeds are planned to be consumed voluntarily, so the Defendant did not have the intent or ability to include the proceeds after selling them to H with vinyl received.

Nevertheless, the Defendant, as above, was issued 6,160 km from the victim by deceiving the victim and from around May 23, 2016 to October 25, 2016, on a total of 31 occasions via the market price of 28,294,200 won, as stated in the list of crimes in the separate sheet of crimes, the Defendant was delivered 85,740 g, market price of 2,464,00 won.

2. On July 19, 2015, the Defendant committed a crime against the Victim I Co., Ltd. in K apartment L, the Defendant’s residence of the Defendant located in the JJ in Yangsan-si, Yangyang-si around 19:20.

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