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(영문) 대구지방법원 김천지원 2018.04.19 2017고단1917
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud in the Daegu District Court Kimcheon, and the judgment became final and conclusive on December 1, 2017.

1. The Defendant: (a) concluded a sales consignment contract with the number of victims corporation and “the number of subscribers entrusted with the sales of mobile phones from the number of stock companies, attracting subscribers, and paying fees for attracting subscribers and selling services on condition of the faithful performance of the contract; and (b) operated the mobile phone store in the name of “C” in the name of “C” from October 208 to May 2016.

When the defendant opens a new mobile phone against the customers, some of the installment payments will be paid instead of the customers.

“At the time of attracting customers by presenting conditions with no intention or ability to perform, such as that, and at the same time, the victim tolds the customer as if he/she had induced customers by normal means, with the intent of deceiving the victim, to defraud the fee from the victim.

Accordingly, on September 28, 2015, the Defendant paid D part of the value of the cellphone machine at the store "C" around September 28, 2015, the remainder of the cellphone after three months from the face of the week.

The phrase “,” etc. refers to the purport that from around that time to April 5, 2016, the Plaintiff entered into a new mobile phone opening contract with customers on a total of 61 occasions, such as the statement in the list of crimes in the attached Table, and received a remittance from the damaged person in an aggregate amount of KRW 12,472,906 as a fee.

However, at the time of fact, the Defendant was in excess of KRW 0,000 or more, and the management of “C” was difficult to appropriately procure the cost of living. As such, after entering into an abnormal contract with customers, the Defendant was planning to receive part of the installments from the customers and to use them as personal reasons, such as cost of living and repayment of debt.

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