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(영문) 서울중앙지방법원 2018.11.01 2017고단1785
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 66,00,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On February 7, 2014, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court on February 7, 2014, and completed the execution of the sentence on June 6, 2014. On June 6, 2014, the Defendant is a person who sells business, such as substitute stone, in Gangnam-gu Seoul Metropolitan Government C with the trade name of “D”.

On September 2016, the Defendant entered into an agreement with the victim E building in Gwanak-gu in Seoul Special Metropolitan City and the victim B in the third floor to supply a 80,000 won outside stone to be used for the new establishment of a kindergarten to the victim company, and concluded a false statement with the purport that “The Defendant would import materials from China, and would make a discount of 12 million won if the price is paid in advance.”

However, even if the defendant receives the price of the stone, he did not have the intention or ability to supply the stone to be used for the new kindergarten construction work performed by the victim company.

Around September 28, 2016, the Defendant, by deceiving the above F, received KRW 33,300,000 from F to the bank account under the name of the Defendant, and received KRW 32,700,000 in total from the same account around October 24, 2016, and acquired KRW 66,00,000 in total as the price for supply of stone.

around March 18, 2017, the defendant of "2017 Highest 5818" operated a Party I who became aware of in the course of having a Gu from the H party located in Gangnam-gu Seoul Metropolitan Government G around March 18, 2017.

There are lots of money.

It is intended to pay no less than 1.5 times the money from the lending of money.

The phrase “ makes a false statement.”

However, the facts did not operate the soil site, and there was no intention or ability to repay it even if it was borrowed money from the injured party because it was thought that it was used for personal purposes, such as repayment of debt, without any specific property.

Around March 19, 2017, the Defendant received KRW 1 million from the damaged party’s account from the J Union account under the name of the Defendant and received KRW 2 million from the damaged party. From around that time to March 27, 2017, the Defendant totaled 2.

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