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(영문) 인천지방법원 2019.11.27 2018고단6896
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 15, 2017, the Defendant established and operated a parts processing and manufacturing company with the trade name B, and around August 30, 2017, the Defendant agreed to provide D and raw materials for C representative D and the Defendant made and delivered three showt until October 15, 2017, with D’s payment of KRW 25 million.

On September 2017, the Defendant manufactured one showt and supplied it to C, and requested the victims to produce the remainder showt two sets and made it difficult for the victims to pay the price.

Around September 2017, the Defendant made a false statement to the victim F, who operates E in a Buddhist area not exceeding Incheon, stating, “The Defendant would pay the price by October 20, 2017 when he/she processed showp parts and supplied them by means of processing showp parts.”

However, in fact, the amount of KRW 25 million paid in C was determined on the premise that the defendant performed all processing operations, and therefore, it was impossible to pay the victims normal money with the money received in C. At the time, there was no property other than KRW 5 million, and for the operation of the B factory, there was no intention or ability to pay the amount to the victims even if the amount was paid in C by monthly rent, mechanical installment, etc. for the operation of the B factory.

As above, the Defendant, by deceiving the victims as above, did not receive parts equivalent to KRW 29,005,00 from the victims and did not pay the cost for parts processing, thereby inducing the victims to acquire financial benefits equivalent to the said amount from August 2017 to November 2017 in the same manner as the list of crimes in the attached Table, and did not pay the cost for parts processing in excess of KRW 45,407,00 from the victims.

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