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(영문) 서울서부지방법원 2020.01.31 2019고단394

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, “B,” under the trade name of “B,” was a person who runs gold business and sales business, and was willing to flee from 1996 to China by setting up a fund to make it difficult for the said business due to difficulties.

1. On April 10, 1997, the Defendant purchased a net amount of 500 money from the “F” operated by the victim E in Seoul Jongno-gu, Jongno-gu, Seoul, with the victim E, around April 10, 1997, and made a false statement to the effect that “The Defendant would necessarily pay the purchase price for the check as a check.”

However, in fact, the Defendant was thought to flee immediately after disposing of the net money purchased by the victim and raising funds to China, and there was no particular property or income in the name of the Defendant, and there was no intention or ability to settle it on the check payment date because the operation of “B” is difficult.

Nevertheless, the Defendant, by deceiving the victim as above, received the net amount of KRW 5 million equivalent to the market price from the victim, i.e., the victim, and acquired 500,000 from the victim.

2. On April 16, 1997, the fraud Defendant purchased 2,500 money from the victim E at the place indicated in paragraph (1) around April 16, 1997, and made a false statement to the effect that “The Defendant shall pay the purchase price for the check as a check without fail to pay the purchase price for the check at the date of the check.”

However, in fact, the Defendant was thought to flee immediately after disposing of the net money purchased by the victim and raising funds to China, and there was no particular property or income in the name of the Defendant, and there was no intention or ability to settle it on the check payment date because the operation of “B” is difficult.

Nevertheless, the Defendant deceptioned the victim as above and acquired the amount of net money of KRW 100 million at the market price from the victim, i.e., the Defendant received 2,500 money from the victim.

3. On April 19, 197, the accused of fraud, at a place noon the A.M. on April 19, 1997, calls from the above victim to the o'clock.