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(영문) 춘천지방법원원주지원 2020.10.22 2019고단1557
사기
Text

A person shall be punished by imprisonment with prison labor for not less than four months for a crime of No. 2 as stated in the judgment of the defendant, and six months for each crime.

(b).

Reasons

Punishment of the crime

[criminal power] On September 2, 201, the Defendant was sentenced to a two-month suspended sentence of imprisonment for a crime of fraud at the Sungnam Branch of the Suwon District Court for six months, and the judgment became final and conclusive on November 10, 201. On May 30, 2013, the Seoul East District Court sentenced one year to imprisonment for a crime of fraud at the Seoul East District Court for one-year period, etc. on June 8, 2013. On October 16, 2014, the judgment became final and conclusive on October 16, 2014, on April 1, 2015 and four-month imprisonment with prison labor at the Suwon District Court for a crime of fraud, etc. at the Suwon District Court on March 25, 2015, and on July 27, 2018, the judgment became final and conclusive on December 27, 2018.

【Criminal Facts】

1. On December 2010, the criminal defendant against the victim B made a false statement to the victim that "on the face of delivery of silent to the D operated by the domestic company, half of the supply price shall be settled in cash and bill of exchange at the end of the month," at the D office operated by the defendant atHanam-si, the end of December, 2010."

However, in fact, the Defendant had no asset in the name of an individual at the time and had been 600 million won or more, and since there had been no funds to purchase the goods, the obligation continues to be accumulated in the course of credit transaction, and thus, there was no intent or ability to pay the amount to the victim even if he received implied delivery from the victim.

Nevertheless, around January 4, 2011, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim the delivery of an implied amount of KRW 1,500,000 at the market price from the D warehouse operated by the Defendant (hereinafter “Defendant”); and (c) from around January 31, 201, the Defendant received an implied amount of KRW 35,70,000 at a total of 24 times, as shown in the attached Table 1, from around January 31, 2011.

2. On December 17, 2018, the criminal defendant against the victim E is found to have committed fraud in the victim E operation I located in Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government F, and the victim’s “after the delivery of an excess day” to the victim.

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