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(영문) 대구지방법원 2016.09.22 2016고단2251
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who sells seedlings in the name of “C” in Simsan-si.

1. On February 2013, 2013, the Defendant: (a) made a false statement to the victim M by phoneing the victim M on February 2, 2013; and (b) made a false statement to the effect that “The Defendant would pay the cost in cash three days after delivery if he/she delivers turds to that place.”

However, the defendant had no intention or ability to pay the amount, even if he received turfy from the creditors because he was unable to repay the amount of money borrowed from the existing creditors due to the defendant's burden of debt amounting to KRW 300 million, etc.

As above, the defendant deceivings the victim and thereby deceivings the victim, equivalent to KRW 10,080,00 on February 20, 2013, equivalent to KRW 13,440,00 on the 21th of the same month, equivalent to KRW 13,440,00 on the 22th of the same month, equivalent to KRW 13,440,00 on the 24th of the same month, equivalent to KRW 13,40,00 on the 24th of the same month, and equivalent to KRW 6,720,00 on the 28th of the

3. 5.5.460,000 won or more, and the same year.

3.6.1,680,00 won in total, and 64,260,000 won in total, were supplied and thus acquired pecuniary profits equivalent to the same amount as the price was not paid.

2. On March 31, 2015, the Defendant called the victim on March 31, 2015, that “Around March 31, 2015, the Defendant made a false statement that “The Defendant would give turf in lump sum to the price that he had not been given prior to the arrival of the Republic of Korea.”

In fact, however, the Defendant had no intention or ability to pay the price even if he was supplied with turf by closing his business around January 2015.

The defendant deceivings the victim as above and is equivalent to KRW 1,537,500 on the same day from the victim.

9. 12.7.720,000 won, total of KRW 2,257,500, which was supplied and did not pay for the amount, thereby making financial gains equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

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