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(영문) 서울북부지방법원 2020.09.24 2020고단1968
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2018, the Defendant was sentenced to a suspended sentence of one year for special larceny at the Seoul Northern District Court, and the said judgment became final and conclusive on March 1, 2018.

【Criminal Facts】

On December 29, 2010, the Defendant made a false statement to the victim “D” delivery office operated by the victim C in Dongdaemun-gu Seoul, Dongdaemun-gu, that “on credit, melting melted Franchis will sell melted Franchis to the victim and pay the price within two to three days.”

However, in fact, the Defendant was engaged in the business by the so-called “loitter” method, which uses the proceeds from sales to other oriental medicine suppliers as credit payment for the other oriental medicine suppliers, because there is a large amount of oriental medicine credit payment with other business partners, and the Defendant was supplied with oriental medicine and sold them, and thus, it was thought that the Defendant was able to use them as credit payment with other business partners even if sold, and there was no intention or ability to pay the amount to pay it to the victim.

As above, the Defendant, by deceiving the victim as above, received 4.39kg for recording the market value of KRW 2.69 million from the victim on the same day. From that time, the Defendant got melting of the total market value of KRW 242,302,00 in the same way as the list of crimes in attached Form 243 times until December 11, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement hearing by each police prosecutor's statement about C at the telephone;

1. Certificates of credit sales claims, borrowing certificates, and notarial deeds;

1. Details of the record delivery (related to one (1)), deposit statement (related to one (1)), statement of transactions (related to one (1)), statement of transactions (related to one (1)), statement of recorded delivery (related to one (2) and statement of transactions (related to one (2));

1. Criminal records as stated in the judgment: one copy of the relevant decision, one copy of the relevant case list, resident inquiry, and other relevant matters, which are the latter and concurrent crimes;

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