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(영문) 수원지방법원 안양지원 2013.07.30 2013고단125

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 13, 2003, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Cultural Heritage Protection Act at the Seoul District Court, and two years of suspended execution, and the above judgment became final and conclusive on February 21, 2003. On June 12, 2007, the Seoul Central District Court sentenced one year of imprisonment with prison labor for embezzlement at the Seoul Central District Court on June 12, 2007 (the substitute judgment after departure from China on June 14, 2003).

Criminal facts

The defendant is a person who has collected and sold curios.

1. Fraud;

A. On August 11, 1998, the Defendant purchased “E” operated by the Defendant located in Jongno-gu Seoul, Jongno-gu, Seoul, and the victim F (the age of 59 at that time) one point of “the 30 million won air space 1,000,000 won, which is equivalent to the 1,000 won air space 1,000 won and 1,000,000 won from a foreign country, to 7 million won. However, if the Defendant borrowed 7 million won as there is no money, he/she purchased it and sold it to another person within 15 days, and if he/she fails to comply with the promise within 15 days, he/she would purchase 20 million won of the said curios directly within 45 days.”

However, the Defendant did not have any intent or ability to purchase or sell the said curios, as he had been able to use it for the repayment of the said obligation by 1.9 billion won (G 200 million won, H 200 million won, and I 1.5 billion won) at the time.

The Defendant, as above, by deceiving the victim, received seven million won from the victim as the borrowed money on the same day.

B. On January 1, 2003, the Defendant stated that “L” operated by Jongno-gu Seoul Jongno-gu Seoul J (55 years of age) by the Victim K (55 years of age) was false to the victim, “The purchase test for material works, such as Ma, N,O, etc. during the Joseon Dynasty, first of all, the Defendant changed the amount of KRW 50 million as the price for material.”

However, at the time, the defendant was expected to use the above money as debt repayment, etc. because he bears approximately KRW 1.9 billion from many victims.

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