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(영문) 전주지방법원 2020.09.24 2020고단608
사기
Text

The punishment of a defendant shall be ten months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B A. The Defendant posted an advertisement of the title “A. B. B. B. advance and highest price payment” on the Kakakao A. B. The Defendant, by communicating B with the Kakakakao A.m., and concluding that “D. D.’s products may enter into a siren agreement with B, a combined product, 14 km, if the products were to be purchased by the D. D., the combined product.” The Defendant received a proposal to the effect that “The 400,000 won will be paid if the products were later than the drying machine after the approval of the rental agreement.”

As the Defendant entered into a siren contract with B, the Defendant was gathered to receive a drying machine from F Co., Ltd. F (hereinafter “F”) that carries on the wholesale and retail of home appliances and siren business.

On January 15, 2019, the Defendant entered into a siren agreement with the H project team office located in Suwon-si, Suwon-si, stating that “F is a combination product of the E Commercial Aid Service contract equivalent to KRW 6,994,000 of the company D’s 6,94,00, the contract amount of which is KRW 2,994,00, the contract period of which is KRW 60 months, the monthly payment of KRW 49,900,” and submitted an electronic contract with the same content to F after obtaining a cell phone principal certification and a credit card certification on January 17, 2019.”

F trusted it and delivered it on January 17, 2019, F. F. F. F. F. F. F. F. F. F. F. “I apartment J (K’s address that purchased a dried machine with the knowledge of being a normal product, not a siren product, at the address designated by B, through a sales site of used goods).”

However, even if the Defendant entered into a siren contract with F, the Defendant was planning to use and manage the drying machine under the contract and to deliver the drying machine to F to F to the delivery site known by F, and there was no property and income in an economic difficult situation. Therefore, there was no intent or ability to use the drying machine and pay a siren fee according to the siren contract.

The Defendant, in collusion with B, belongs to the victim F.

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