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(영문) 부산지방법원 동부지원 2014.10.30 2014고단999
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall obtain money from B who is an applicant for compensation and shall be 30 million won and C who is an applicant for compensation.

Reasons

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to occupational embezzlement in the Seo-gu District Court Branch Branch of the Daegu District Court, and the said judgment became final and conclusive on May 31, 2014.

The defendant, while working in D, embezzled the proceeds from the goods of the business partner while he was working in D, received advance payments from the business partner and received them for the payment of the outstanding amount.

1. Fraud against the victim B;

A. On September 3, 2013, the Defendant made a false statement stating that “The Defendant would supply drinking water by September 30, 2013, to the victim’s F office operated by the victim B in the Gyeongdong-gun E, the Defendant would supply drinking water by no later than September 30, 2013 when advance payment of KRW 9 million is made.”

However, even if the defendant receives advance payment from the victim, he did not have the intention or ability to supply drinking water.

On the same day, the Defendant received KRW 9 million from the victim to the agricultural bank account of the Defendant for advance payment of the price of goods.

B. On September 30, 2013, the Defendant made a false statement to the victim B at the place indicated in the paragraph (a) stating that “If the Defendant paid the victim a her mother and child who is eligible for promotion, but paid 26 million won in advance, he/she will supply drinking water by October 31, 2013.”

However, even if the defendant receives advance payment from the victim, he did not have the intention or ability to supply drinking water.

On the same day, the Defendant received 26 million won from the victim to the Defendant’s bank account under the pretext of advance payment of the price of goods.

2. On October 1, 2013, the criminal defendant against the victim C ought to achieve the sales goal at the H office operated by the victim C in Daegu-gu G around October 1, 2013.

If 8,968,00 won is paid in advance by October 1, 2013, the article will be supplied on October 2, 2013.

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