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(영문) 의정부지방법원 2013.07.19 2013고단192

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant is an applicant for compensation with a theft of KRW 16.7 million and an application for compensation to D who is an applicant for compensation.

Reasons

Punishment of the crime

【Criminal Power】 On July 13, 2012, the Defendant was sentenced to two years of imprisonment for fraud at the District Court of Jung-gu, which became final and conclusive on April 12, 2013.

【2013 Highest 192】

1. Around October 25, 2012, the Defendant against the victim C made a false statement to the victim C, stating that “The Defendant would be able to purchase home appliances in a way that he/she knows that he/she is well aware of a person who supplies home appliances with respect to ginseng in a way that he/she can buy home appliances in a way that he/she sells home appliances in a way that he/she is well aware of the fact that he/she supplies home appliances with respect to ginseng.”

However, there was no time to supply Samsung C&M products at a container with a container at the time, so even if the victim received money from the victim as the price for the household appliances, there was no intent and ability to purchase the household appliances as above.

As such, the Defendant, by deceiving the victim, obtained the said money from the victim as the price for the household goods, on October 25, 2012, KRW 2230,00 won, KRW 4090,000,000 around November 23, 2012, KRW 910,000 around November 27, 2012, and KRW 8,040,000,000 from November 29, 2012.

[Judgment of the court below]

2. The Defendant was not an employee of the Financial Supervisory Service, and the Defendant did not have any capacity or intent to repay or delete the records of loans, even if having borrowed money from others without any particular property.

On May 17, 2011, the Defendant borrowed cash or card loans to the victim E (hereinafter “the Defendant”) in front of the Korean National Bank located in the Seocho-gu Central Bank located in Seocho-gu, Gangwon-do. “The Defendant has an occupation of managing the Financial Supervisory Service server, and is engaged in managing the I-PIN server. As the work is completed, it is possible to delete the cash withdrawal records and the record of the loan service.”