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(영문) 수원지방법원 안산지원 2021.03.11 2020고단993
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From October 2019 to around two months, the Defendant is a person who worked from the “C Hamop Point” operated by the victim B as an employee.

1. On October 18, 2019, the Defendant, in the name of rebates of the head of a small-term cooperative head, was aware of the Defendant at the above C Hamba-si D located in the early stage of early 2019, that the Defendant would be able to purchase the Defendant at a rate of 50% above other Hamba-point 2 at the time of Simba-si.” On October 18, 2019, the Defendant was aware of the head of the cooperative that purchased the Defendant at a rate of 2 from the second floor of the above Hamba-dong 2 to the local area.

If the president of the partnership does not reach any consensus, but is well aware of it, so if the president of the partnership does not trade high-term purchase transactions, he/she would be required to do so as to make a false statement as it is necessary to do so in the form of rebates.

However, the defendant did not have any relationship with the above head of the association, and there was no fact that the above head of the association told that "the head of the association would provide rebates at a container for the offering of rebates." Since he thought that he would use it as an individual, such as monthly rent, etc. by receiving money from the injured party, so there was no intention or ability to purchase it at a container even if he received money from the injured party.

As such, the Defendant, by deceiving the victim as such, received cash 10 million won from the victim on October 18, 2019, for the purpose of rebates.

2. On the street before October 24, 2019, the Defendant, who was eligible for the rebates of the head of the swine Round Cooperative, made a false statement to the said victim stating that “The said victim would be subject to rebates to the head of the cooperative related to the cattle, and the head of the cooperative related to the swine Round would be required to grant the said amount of KRW 5 million even if he/she ought to do so.”

However, the Defendant did not make a statement to the above president of the union that “the Plaintiff supplied the Plaintiff with the container for the offering of rebates,” and the Defendant paid monthly rent with money from the victim.

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