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(영문) 서울북부지방법원 2013.07.17 2013고단463

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

“The Defendant, even if he is supplied with precious metal, does not have the intent or ability to pay the price.” On June 25, 2012, the Defendant, “E” in the precious metal shop operated by the Victim D in Gunsan-si, Gunsan-si, sold the precious metal across the country, and made payment in kind within a week in total, and made payment every time in excess of 1 million won in total,” with the false statement that “The value of the gold products shall be paid every time when the sum of the public deposits exceeds 1 million won.” The Defendant, “The Defendant,” as described in the attached list of crimes, supplied the precious metal amounting to KRW 73,856,898 for ten times, including the supply of eight sets of gold products from the victim.”

The defendant of "2013 High 327" has no intention or ability to pay the price even after being supplied with precious metals.

1. On August 31, 2011, the Defendant, at the precious metal store “F” operated by the Defendant in Jongno-gu Seoul Metropolitan Government, made a false statement to the effect that he/she would pay the precious metal price to the victim G within one week, obtained a supply of gold 52.6g (3,65,000 won) from the victim and acquired it by deception.

2. On October 25, 2011, the Defendant, by deceiving the victim by means of the method specified in paragraph 1 at the place specified in paragraph 1, was supplied with gold 12.16g (on a market price of 851,600 won) from the victim and acquired it by defrauded.

The Defendant of “2013 High 702”, on January 30, 2012, when he/she kept 14K Pack 20 (on February 2012, 201, equivalent to KRW 3,713,00 at the market price) for the victim, he/she was to use the said “F” for the purpose of showing as samples from the victim H to the customer.

3. The police officers sold and embezzled this to a mutual incompetent transaction partner.

The Defendant does not have the intent or ability to pay the price even if he is supplied with precious metal. On February 12, 2012, the Defendant, “K” operated by the injured party J on the third floor of Jongno-gu Seoul Metropolitan Government I building, sells precious metal to the victim, and then pays the gold value once a week after selling it.