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Reasons
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(영문) 서울서부지방법원 2019.10.15 2019고단1154
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

[2019 Highest 1154] On September 6, 2018, the Defendant received an order for Mask factoring from the victim E Co., Ltd. (representative F) and delivered approximately 40 Mesk factorings.

However, the defendant had a large amount of debt around that time, and there was no intention or ability to order or deliver the fact in accordance with the order of the victim because he thought to use it for the repayment of the existing debt even if he received the price for the goods from the victim.

On September 6, 2018, the Defendant, by deceiving the victim, received KRW 3,125,00 from the H bank account (I) in the name of G from the victim, and acquired KRW 16,90,000,00 in total from 3 times as shown in the following table, such as receiving KRW 3,125,00 from the victim.

On September 6, 2018, the delivery method of the No. G date 1 stated that the Defendant would supply K with the victim J on September 29, 2018, “The Defendant would supply K to the victim J for the fact that the Defendant would supply the money.” On September 13, 2018, KRW 11,875,000 for cash transfer KRW 3,125,000 (I) in September 13, 2018, 32018.

However, in fact, the Defendant had a large amount of liabilities at that time, and the Defendant only intended to use goods for other purposes without purchasing money in the name of the sale proceeds from the victim. Therefore, even if receiving money from the victim as the sale proceeds, there was no intention or ability to deliver the fact fact fact to the victim.

As such, the Defendant, by deceiving the victim, acquired KRW 2,455,200 from the victim to the H bank account in the name of G, the mother of the Defendant, under the same day of sale proceeds.

Summary of Evidence

[2019 Highest 1154]

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Inquiry into the results of the transfer by the M Bank;

1. An investigation report (verification of the details of accounts in the G name), and transaction details of passbooks in the G name [2019 order2150].

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