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(영문) 창원지방법원 2017.02.09 2016고단4424
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On August 31, 2015, the Defendant acquired money by deception 27 million won, the Defendant concluded a contract related to the waste recycling facilities in Hong bean with the victim B at the “D” office operated by the Defendant located in Gangseo-gu Busan, Busan, and “I will repay up to August 31, 2015, if I lent KRW 27 million necessary for the establishment of a local corporation.”

However, the defendant did not have any intention or ability to pay the amount even if he received the amount from the injured party, because he had a large amount of debt such as delayed payment of the wages of the employees of the above company or overdue payment to the customer.

Nevertheless, the defendant, as mentioned above, received money from the victim to the account in the above name of the defendant's management on the same day, and acquired money from the victim.

B. On August 8, 2015, the Defendant committed the crime of defraudation, such as computer, etc., saying, “The victim B shall pay the price by the time August 31, 2015, by installing 20 computers, monitors 40, and network equipment in D offices.”

However, the defendant has no intention or ability to pay the amount even if he/she is supplied with computer equipment, etc. from the injured party because he/she bears a large amount of liability such as delayed payment of wages of the employees of the above company or overdue payment to the customer.

Nevertheless, the defendant, as mentioned above, obtained from the injured party a false statement, and obtained the 20 computers with the market value of 17,677,00 won owned by the victim at around that time, as well as the 40 monitors, network equipment, etc.

2. On August 2015, the Defendant committed the crime against the victim E stated, “When he processed and supplied the iron plates to the victim E, he would settle the price at the end of the following month and pay it by the end of the following month.”

However, the defendant is a defendant as stated in paragraph 1.

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