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(영문) 춘천지방법원 2019.09.05 2019고단73
사기
Text

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

Reasons

Punishment of the crime

【Criminal Power” On May 31, 2012, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Suwon District Court, and was released on May 30, 2014 and the parole period expired on August 8, 2014. On October 25, 2017, the Seoul East District Court sentenced six months of imprisonment for fraud, etc., and stated only the punishment for the criminal facts in the relationship of ex post concurrent crimes with the instant criminal facts among the said criminal facts.

On August 9, 2018, the judgment became final and conclusive.

【2019 order 73】

1. On February 23, 2017, the criminal defendant against the victim B calls to the victim B at a place where the location is unknown, and said, “If the victim B purchases more than 280,000 won per heating machine (280,000 won per heating machine) and send the total of 60 units first, 5,600,000 won will be paid in cash immediately after receiving the goods.”

However, the Defendant did not have a good credit position at the time, had a large amount of other debts and had no specific plan for the preparation of the price, and there was no intention or ability to pay the price even if he was supplied with heating equipment from the victim.

On February 24, 2017, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim, the victim received 20 heating units D sent to Chungcheongnam-gun, Chungcheongnam-do; and (c) did not pay the amount, thereby acquiring property benefits equivalent to KRW 5,60,000.

2. 피해자 E에 대한 사기 피고인은 2017. 8. 초순경 장소를 알 수 없는 곳에서 피해자 E에게 전화하여 “내가 굼벵이를 키우는 사업을 하기 위해 건물을 짓고 있는데 중장비가 필요하니 임대해주면 늦어도 3개월 이내에 임대료를 지급하겠다”라고 말하였다.

However, the defendant did not have good credit standing at the time, had many other debts and had more expenditures than revenues, and there was no specific plan for the preparation of the price.

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