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(영문) 수원지방법원 안산지원 2018.05.30 2018고단14
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 18, 201, the defrauded Defendant was a person operating a restaurant with the trade name “D” in Seo-gu Incheon, Seo-gu, Incheon, and 103, and the victim E is a person engaging in sales business, such as the meat, under the name of “F” and the victim E was notified that the Defendant was supplied with the meat from the injured party, but it was no longer difficult to supply the meat due to the fact that he/she was unable to pay the outstanding amount to the police officer during May 201.

On May 18, 2011, the Defendant, at around 14:00, drafted a transaction agreement between the victim and the joint guarantor of the said G, for the following reasons: (a) the victim “D” (hereinafter “D”) to continuously supply the grat g as a joint guarantor in relation to the payment of the purchase price; (b) the grat g as a joint guarantor; and (c) the victim as a joint guarantor.

However, in fact, when the defendant should pay monthly rent of KRW 10 million per month, the monthly rent of KRW 80 million per month, even if profits have been accrued, the defendant was paid monthly rent, so there was no intention or ability to pay the above monthly price to the victim normally, and the above G did not agree that the defendant becomes a joint guarantor of the above goods (the above goods).

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) from May 18, 201 to July 22, 201, the Defendant was supplied 22,647,447 won from the victim to the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 27, 2011, the Defendant made a false statement to the effect that “Around July 27, 2011, the Defendant would necessarily pay the price to the victim H, on the day following the day on which the Defendant supplied the scrap once, or at the latest on August 1, 2011, the “ August 1, 2017,” as stated in the indictment, is a clerical error in the “ August 1, 2011.”

However, in fact, the defendant should pay monthly rent of KRW 10 million per month, which is the monthly rent of KRW 80,000,000.

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