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(영문) 전주지방법원 2014.06.26 2014고단407

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant became a bad credit holder in around 2009, and was punished as a case for which a false insurance money was claimed from around 2004 to 2006, and had a debt equivalent to KRW 35 million in total, such as a debt equivalent to KRW 30 million, etc. The monthly income amounted to KRW 1.5 million or KRW 2 million, but it was difficult for the Defendant to live in the wind due to the lack of an explicit contract with the owner who owns the scrap metal in relation to the business of collecting scrap metal operated at the time. Since it was unclear whether to take over the actual scrap metal due to the lack of the existence of an explicit contract with the owner who owns the scrap metal at the time, it was difficult to deliver the scrap metal or return the advance payment under the name of the victim C, and there was no intention or ability to do so.

1. On October 15, 201, the Defendant concluded a false statement to the effect that “the Defendant would supply scrap metal up to December 10, 2011 at the E office operated by the victim in Jeonnam, with the aim of purchasing KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

On the same day, the Defendant was issued KRW 12 million in total, including the transfer of KRW 10 million to the G account designated by the Defendant, from the above E office to the F account designated by the Defendant as down payment, and around November 2, 201, to the G account designated by the Defendant.

2. On November 201, 201, the Defendant made a false statement to the effect that “The Defendant would supply scrap metal to 5 million won from the removal of a vinyl house in a dunes,” to the victim in the above E office, which reads that “The Defendant would supply scrap metal to dunes in the face of the week, with the advance payment of KRW 5 million.”

The Defendant is the victim, and around the 12th day of the same month, transferred KRW 5 million to the H’s account designated by the Defendant at the above E office.

3. The defendant around July 15, 2012 is the second floor in the victim’s transfer from the above E.