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(영문) 서울북부지방법원 2020.12.18 2019고단4163
사기
Text

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

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 a person engaged in the wholesale business of livestock products in the name of “C” in Seoul Special Metropolitan City, Nowon-gu, Seoul.

Around May 27, 2019, the Defendant stated that “The Defendant supplied 15 tons of dumping high-level 15 tons to wails known to him, by telephone at a place not exceeding Seoul Special Metropolitan City (hereinafter referred to as Seoul) and false statement to the victim D, who is the same business entity, may run back to 200 won per km. The Defendant would turn back to 100 won per face-to-face kg.”

However, the defendant did not secure dumping margin, and the defendant was intended to receive money and use it as the outstanding amount from the existing customer.

The Defendant, by deceiving the victim as above, received 20,492,849 won from the victim to the corporate bank account in the name of the partner, under the same day as the investment money, and acquired it by deceiving the victim.

"200 Highest 23"

1. Crime against victim F;

A. On March 28, 2019, the Defendant made a false statement to the victim, who is a wholesaler of the same livestock product at a place not exceeding Seoul, by telephone, that “The Defendant would sell Spain in 2,800 won per km.”

However, around that time, the Defendant did not have yet to hold the yet-to-bes, and had a financial right equivalent to approximately KRW 326 million, and had been hereinafter referred to as “defensive” in which the Defendant received the payment from the customer or borrowed the money from the customer to repay the outstanding amount, and had no intent to purchase the money from the victim and repay the outstanding amount and the borrowed amount. Therefore, the Defendant had no capacity to supply the part-to-bes to the victim.

The Defendant, by deceiving the victim as above, received KRW 13.5 million from the victim to the G bank account in the name of the Defendant as the price for breeding on the same day.

B. The defendant under the same year

4. around 15. Around Seoul, the victim will sell 2,700 won per kg the Spanish Spanish Spanish to the victim by telephone.

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