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(영문) 부산지방법원 2013.08.08 2012고단9916

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 22, 2008, the Defendant sentenced 8 months to imprisonment for a violation of the Act on the Control of Narcotics, etc. at Busan District Court on July 22, 2008 and 3 months to imprisonment for a crime of fraud at the above court on November 25, 2008, respectively, and completed the execution of the sentence at the Busan Detention House on April 19, 2009.

1. Fraud;

A. Around August 30, 2011, the criminal defendant against the victim C made a false statement to the effect that “E” in the “E” bank of the victim C’s operation in Chungcheongnam-Nam-nam, would make a payment later to the victim for the purchase of precious metals.”

However, at the time, the defendant did not have any particular property under the name of the defendant, and even if he purchased precious metals from the victim due to a large amount of debt, there was no intention or ability to pay the price.

As such, the Defendant, by deceiving the victim, received three precious metal products, such as half of the amount of KRW 2 million in the market price from the victim, i.e., half of the amount of KRW 2 million in the face of the Defendant’s seat, and three precious metal products, such as chip, etc., from around that time to November 14, 201, and acquired them through deceptions of the total amount of KRW 7.6 million as shown in the attached crime inundation (1).

B. Around November 1, 2011, the defrauded of the Victim F made a false statement to the effect that “If a victim lends 3 million won to the victim, 10% of the principal shall be deducted from the interest, but 3 million won shall be repaid after one month.”

However, at the time, the defendant did not have any particular property in the name of the defendant, and even if he borrowed money from the victim due to a large amount of debt, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 2.7 million won in cash from the victim, i.e., the victim, and received 17.1 million won in total from around that time to March 9, 2012, such as the list of crimes in attached Form (2).

C. On February 4, 2012, the Defendant committed fraud against the Victim H H, the victim H located in Gyeongnam I.