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(영문) 인천지방법원 2018.06.20 2017고단9575
사기
Text

As to the crime No. 1 in the judgment of the defendant, a fine of 4 million won is imposed, and a fine of 2 million won is imposed for the crime No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On April 7, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, and the judgment was finalized on April 15, 2016. On July 21, 2017, the same court was sentenced to four months of imprisonment for fraud and two years of suspended execution and became final and conclusive on July 29, 2017.

[Criminal facts]

1. On July 3, 2015, the Defendant committed fraud: (a) concluded a contract to sell and sell equipment necessary for the opening of the Victim C and Dental Hospital; and (b) concluded a contract to sell and install dental heavy equipment equipment necessary for the opening of the dental hospital with the victim C; and (c) supplied the “expact equipment” product equivalent to KRW 10 million at the market price in the case of X-ray equipment.

Nevertheless, the Defendant supplied a similar model and received the price. On July 3, 2015, the Defendant supplied and installed the “E” dental hospital located in Busan Jin-gu D and 8 Busan D, and on July 3, 2015, after having supplied and installed the “E” product, the Defendant was carrying out as if it had installed the said “Tex -400cc product” product, and the Defendant was issued KRW 26 million, including the amount of KRW 10 million from the injured party, for the “Tex -400c price.”

Accordingly, the defendant was given property(10 million won) by deceiving the victim.

2. On May 27, 2016, the Defendant, on May 27, 2016, concluded that “The Defendant would purchase any dental equipment from a dental plant closed to the victim C at an influence place” with the victim C.

However, in fact, the Defendant could not seek medical equipment at the time of the closure of dental services, and tried to use the money received from the injured party for the repayment of living expenses and personal debts, and did not have the intent or ability to deliver the money to the injured party by purchasing medical equipment.

Nevertheless, the defendant deceivings the victim as above and transferred 3 million won as the same day down payment to the victim.

Accordingly, the defendant is the victim.

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