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(영문) 서울중앙지방법원 2013.09.12 2012고단2218
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of C mobile phone sales store in Gwanak-gu in Seoul Special Metropolitan City.

1. On February 24, 2012, the criminal defendant against the victim D told the victim D to sell the mobile phone at the time of the supply of the mobile phone and pay the settlement at the end of the following month.

However, in fact, the defendant did not actually operate the above mobile phone sales store but merely received a mobile phone from the victim, but did not have any intent or ability to pay the sales price by selling the mobile phone, such as the contents of the above agreement.

Nevertheless, on March 6, 2012, the Defendant prepared a written agreement on consignment and sales of the provision of a mobile phone with the victim, and received from the victim the total supply of 17,796,300 won of the mobile phone (340 and 5 others, and 20 chip chip) around March 6, 2012, and 16 mobile phones around March 8, 2012, including 17,796,30 won.

Accordingly, the defendant acquired a total amount of 17,796,300 mobile phone 22 vehicles from the victim.

2. The criminal defendant against the victim E stated, at the same time and place as Paragraph 1, that “the victim E would sell the cellphone at the time of supplying the cellphone and pay it to the victim E at the end of the following month.”

However, in fact, the defendant did not actually operate the above mobile phone sales store but merely received a mobile phone from the victim, but did not have any intent or ability to pay the sales price by selling the mobile phone, such as the contents of the above agreement.

Nevertheless, the Defendant prepared a written agreement on consignment and sales of the provision of a mobile phone with the victim on February 24, 2012, and signed a mobile phone (ThoW-E120 K and 8, and 13 core chips), 9 mobile phones on February 27, 2012, 6, 3 mobile phones on February 28, 2012 (Tho E160K-16G et al., 2, 3 mobile phones on February 28, 2012, 6 mobile phones on March 3, 2012 (ThosungV-E120K et 5, et al.) and on March 8, 2012.

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