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(영문) 대전지방법원 2020.06.16 2019고단2017
사기
Text

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

[2019 order 2017] Around February 2017, the Defendant made a transaction with the victim B, who became aware of through the Internet childcare goods wholesale page operated by the Defendant, at a lower price than that of the consumer, and made a transaction with the victim B at a lower price. However, the delivery continued, unlike the first one.

On June 12, 2017, the Defendant received a request from the victim to supply “inwards 75 boxes of return, 39 boxes of return-to-be, s of return-to-be 35 boxes of return-be, s of return-to-be 35 boxes of return-be, s of return-to-be 35 boxes of return-be,” etc., with the victim’s purchase and delivery via telephone, at least 60% of the market price.”

However, at that time, the Defendant was unable to be properly supplied with childcare supplies from C, and was ordered to refund money received from the clients to other customers or purchase goods on behalf of them. On November 2016, the Defendant becomes bankrupt and has no choice but to use part of the money received from the clients for other purposes, such as living expenses, etc. due to the lack of debt and other assets or incomes, and thus, even if the Defendant received the payment for the goods for childcare from the victims, there was no intention or ability to continue to supply the said goods at a significantly discounted price.

Around June 12, 2017, the Defendant: (a) by deceiving the victim, and caused the victim to transfer KRW 3,238,000 to the E bank account under the husband D (F) around June 12, 2017; (b) from that time, until November 24, 2017, the Defendant received delivery of KRW 52,169,020 in total on 14 occasions as shown in the annexed crime list 1 by the same method until November 24, 2017.

[2019 Highest 2391] As of April 19, 2017, the Defendant: (a) registered a business operator in his/her trade name (hereinafter “H”) and “K” in his/her J car page.

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