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(영문) 광주지방법원 순천지원 2017.11.30 2017고합174

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is a person engaged in the external sales business, and the Defendant is a person engaged in the external sales business on May 25, 2012, and the victim E (e.g., 56 years old) operated in the F tea shop operated by the victim E (e., 56 years old) on May 25, 2012, it is necessary to pay the vehicle acquisition price to the victim

The three-month interest shall be paid monthly from the loan of money and the full payment shall be made after three years.

“A false representation was made.”

However, the Defendant had a debt worth KRW 70 million at the time. On the other hand, even if the Defendant borrowed money from the damaged person due to the excessive payment of KRW 10 million per month, it was not sufficient to pay the above-mentioned monthly interest, and on the other hand, he did not have any intent or ability to pay the money even if he borrowed money from the damaged person because he thought to use it for the payment of interest on other debts.

Nevertheless, as above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 600 million in total to the post office (G) deposit account (G) opened in the name of the Defendant from the victim; (c) KRW 150 million on July 30, 2012; (d) KRW 200 million on September 5, 2012; (e) KRW 150 million on November 29, 2012; and (e) KRW 50 million on November 30, 2012; and (e) KRW 600 million on November 30, 2012.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. Fraud;

A. On February 2016, the Defendant, against the victim I, was the victim I (60 years of age) who was in Sinh on February 1, 2016, in the office of the dispute resolution council operated by the victim I (60 years of age).

When purchasing a benz vehicle in cash, the vehicle may be shipped out within 15 days if the benz vehicle is in transit, and 10 million won may be discounted from the vehicle price.

The phrase “ makes a false statement.”

However, in fact, the defendant did not know at Mzz Korea, but could not receive a discount of 10 million won vehicle price, and even if he received the vehicle price from the injured party in cash, he is an individual of the defendant.