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(영문) 광주지방법원 2014.01.27 2013고단3532

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】 On November 20, 2007, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on November 20, 2007, and four months from September 26, 2008 at the Seoul Central District Court on September 26, 2008, and completed the execution of the above punishment on April 18, 2009.

【2013 Highest 3532 case】 Around July 1, 2012, the Defendant provided teaching services with the victim E introduced through D, and the Defendant provided “Afford with golf loans imported from a foreign country as a member logistics representative director to a lux department.” A business was conducted, and the victim F and the victim G are between the victim E and his sibling.

1. Fraud to victims E;

A. On August 24, 2012, the Defendant called the victim E by phoneing the victim E at an insular place, and concluded that “The Defendant would transfer the total sales right, such as the supply of golf products in the Seoul Special Area, and 2.5 tons of freight to the victim E, with a cargo vehicle on the members’ logistics at present.”

However, the Defendant had been at the time at KRW 1.3 billion and was nominated in another fraudulent case, and caused damage to the obligee and the police. There was no fact that there was any damage to the golf loan import business, and the members did not operate the golf loan import business. Therefore, even if the Defendant received the above money from the victim, he did not have any intent or ability to reduce the total sales right or the cargo vehicle.

Nevertheless, the Defendant received KRW 5 million from the victim’s bank account (H) in the name of the victim used by the Defendant on the same day.

B. On September 19, 2012, the Defendant made a false statement to the victim, before the Naju-si Building, stating that “If the Defendant: (a) placed in the name of Dong-J an apartment complex of the Gwangju Mine-dong Y in the name of Dong-J, the Defendant would bear the remainder of the purchase price.” The Defendant would be able to take measures until October 30, 2012.