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(영문) 대구지방법원 경주지원 2016.11.24 2016고단618

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On January 3, 2015, the Defendant committed the crime against the victim C at the E office in the operation of the victim C, which is located in the racing-si, and the victim C made a false statement to the victim C that “A would have to purchase scrap metal from the F run in the Republic of Korea, with a shortage of money exceeding KRW 20 million lent to the victim C within three months.”

However, in fact, the Defendant did not have any property in the name of the Defendant in bad credit, and attempted to use it in repayment of gambling funds and personal debt with borrowed money, due to the default of tax amounting to KRW 40,000,000,000, and even if she borrowed money from the victim C, she did not have any intent or ability to purchase and sell scrap metals and pay it.

As above, the Defendant deceptioned the victim C and received KRW 20 million from the victim C, namely, from the seat, and continued to receive KRW 5 million from the above E office around 15:00 on February 9, 2016, the Defendant received KRW 5 million from the said E office in the same manner.

Accordingly, the defendant deceivinged the victim C and acquired a total of KRW 25 million on two occasions.

2. On April 18, 2016, the Defendant committed the crime against the victim G made a false statement to the victim G by telephone, stating, “If there exists a removal of a factory in Ulsansan Industrial Complex, as it is the same, it is necessary to pay an advance, and 50,000 won is lent to him/her.”

However, as seen above, the Defendant did not have any specific property due to the bad credit standing, and even if she borrowed money from the victim G, only intended to use it for the repayment of personal debt, and did not have any intent or ability to repay it by purchasing and selling scrap metal.

As above, the Defendant, by deceiving the victim G, received 5.5 million won from the victim G, i.e., remittance from the victim G, and acquired it by fraud.

3. On May 9, 2016, the Defendant, who committed a crime against the Victim H, sold scrap metal at the factory removal site located within the Ulsan City Industrial Complex, if he/she lent KRW 35 million to the victim H by telephone from the French site.