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(영문) 수원지방법원 2015.02.11 2014고단261
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant was sentenced to four months of imprisonment with prison labor and six months of imprisonment with prison labor at the Suwon District Court and two years of suspended execution, which became final and conclusive on December 7, 2013.

around November 26, 2011, the Defendant made a false statement to the victim C (56 years of age) at a cafeteria near the Masan-ro, Masan, Masan-gun, Masan-si, Masan-ro, Masan-ro, “I will sell it to the sum of sales proceeds of KRW 85 million in total, with the remainder of KRW 15 million as down payment and KRW 65 million.”

However, the above structural frame was owned by the owner of the solar board. A contract under which the Defendant agreed to purchase the machine owned by the solar board from the owner of the solar board had already been reversed, and the Defendant had no authority to sell the machine owned by the solar board to others. Therefore, even if the Defendant received money from the victim as the purchase price for the said machine, there was no intention or ability to sell the said machine.

Ultimately, as above, the Defendant, by deceiving the victim as above, received eight million won from the victim as the mechanical sale contract deposit around November 26, 201, and six million won around November 28 of the same year, and one million won in total around December 14 of the same year.

The Defendant “2014 Highest354” is a person who operates the “E” located in the C in the E in the E in the Isung City, and the victim F is a person who operates the H (highest) located in G 452 in the Sinstitu City.

When the Defendant sells two parts of machinery (including accessories 25), such as a folder, (including accessories 25), within the office of the J company located in Ansan-si, Seoul-si, on August 28, 2012, the Defendant paid the remainder of 65 million won until September 10, 2012, among the price 75 million won, and the intermediate payment of 5 million won on the same day, and the payment of the remainder of 65 million won by September 10, 2012 after all the above machinery was transferred.

‘False speech' was made.

However, even if the defendant has received the above machinery price, he shall dispose of it in another place, and make the price for another purpose.

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