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Reasons
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(영문) 서울동부지방법원 2013.07.10 2013고단1286
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From December 2007, the Defendant operated (ju) Doctrine to sell golf products in the case of Pakistan.

From February 2, 2008, the Defendant borrowed KRW 150 million from financial institutions and debentures KRW 160 million from financial institutions due to the sale of golf products by an Internet selling company from February 1, 2008, due to the sales of the said golf products. The Defendant borrowed KRW 150 million from financial institutions, and paid for attempted money to customers due to the return prevention.

1. Around November 22, 2010, the Defendant made a false statement to the victim E, stating, “The Defendant would deliver goods two to three (2) days after the delivery of the goods to the victim E at the above (D) office.”

However, in fact, even if the defendant received advance payment from the victim due to the above circumstances, he had the intent to use it in settling the attempted money to other customers, and did not have the intent or ability to supply golf balls as agreed.

The Defendant, by deceiving the victim as such, received 32,40,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant for advance payment.

2. On November 23, 2010, the Defendant made a false statement to the victim E at the above office that “I will supply 50 or more stuffs to the victim E, and will supply 50 stuffs if I will order 20 stuffs.”

However, in fact, even if the defendant received advance payment from the victim due to the above circumstances, he had the intent to use it in settling the attempted money to other customers, and did not have the intent or ability to supply golf balls as agreed.

The Defendant, by deceiving the victim as such, was transferred from the victim the sum of KRW 20,40,000,000 to the Agricultural Cooperative Account under the name of the Defendant for advance payment, and KRW 21,60,000,000,000,000 around the 24th of the same month.

3. The Defendant on December 2, 2010

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