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(영문) 창원지방법원 2016.06.23 2016고합76

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment for three years.

All of the applicants' applications for compensation are dismissed.

Reasons

Punishment of the crime

1. Around February 16, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said that, at the office of the “E” office of the precious metal sales business headquarters operated by the Defendant, which is located in Seongdong-gu, Changwon-si, Changwon-si, the Defendant made an investment in the purchase cost of the gold purchased from the victims, while he has been accumulated for friendship with the victim V, who had been operating the gold fraternity since it was in a trading relationship with the victim V, and that, at the same time, the Defendant would make an investment in the purchase cost of the gold purchased from the customers. The Defendant purchased the gold from the customers at a low price, and made it difficult for them to pay the principal and the profits with the principal.”

Therefore, the Defendant was liable for a loan of at least KRW 5 million, KRW 3 million, KRW 5 million, KRW 5 million, KRW 5 million, KRW 5 million, and KRW 23 million in bonds at the time. However, in the first financial zone, there was a financial situation to the extent that the Defendant was unable to obtain the loan. Even if the Defendant received money from the victims due to the relationship of receiving the said money from the large number of creditors under the pretext of purchase cost, etc., the Defendant used the money to pay the principal and the profits of other creditors for the purpose of paying the purchase cost. As such, even if the Defendant received money from the victims, he purchased the money with the money, and did not have any intent or ability to pay the principal and the high profits to the victims.

Ultimately, the Defendant, by such means as above, inducedd the victims from the victim and received the remittance of KRW 9,500,000 from the victim, from January 26, 2016 to January 26, 2016, by deceiving the victims over 32 times in total, as shown in the list of crimes in the attached Table of Crimes, and by remitting KRW 648,750,00 from the victims.

2. Fraud;

A. On November 27, 2015, the Defendant, against the victim BA, by deceiving the victim BA in the same manner as that described in paragraph 1 at the place described in paragraph 1 at around November 27, 2015, and by receiving KRW 15,00,000 from the victim, he/she acquired the money from the victim.

(b) The victim AZ.