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(영문) 서울남부지방법원 2014.06.24 2014고단575
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Crimes against victims C;

A. On August 3, 2009, the Defendant stated that “A victim C, who is a dental doctor known to and known to the general public, is engaged in the medical device supply business, but intends to supply high-priced medical devices, the Defendant must face the deposit with the importer of the medical device. To supply the medical device to D values, the Defendant would deliver the medical device and receive the payment for approximately 3 months if it is lent with KRW 44 million as required.”

However, at the time of fact, the Defendant started business with bank loans without any particular property, and the obligation of the loans was 50 million won fixed expenses such as monthly interest, rent, etc., so even if he borrowed money from the victim, he did not intend to use it as a medical device deposit, and there was no intention or ability to make a timely repayment of the borrowed money.

The Defendant, as such, by deceiving the victim, received KRW 44 million from the victim around August 3, 2009, and received KRW 327 million in total from around that time to November 16, 201, as shown in the [Attachment Table Nos. 1 through 7] from around that time to around November 16, 201.

B. On March 29, 2012, the Defendant called “Martinininininin’s electric equipment preserving preserving the electric equipment in advance to the Defendant.”

However, the defendant did not have the intention or ability to supply the normal medical device at the time even if he has received the payment in advance from the victim.

As such, the Defendant, by deceiving the victim, received in advance payment of KRW 80,000 from the victim with a credit card under the pretext of payment, and from around that time to March 25, 2013, received in advance a total of KRW 9,100,000 from three times, such as the list Nos. 8 to 10, 2013, by credit card, and acquired property profits equivalent to the same amount.

2...

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