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(영문) 부산지방법원 2013.11.21 2012고단9776

사기등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud No. 2013 Highest 2957 of the judgment is acquitted.

Reasons

Punishment of the crime

The defendant is a director of D Co., Ltd. who runs trade brokerage business.

1. Even if the defendant has received money from the victim E (the age of 57) as the name deposit for the borrowed money, he/she did not have any intention or ability to return the deposit if he/she imports or does not import the name of Russian to the victim;

Nevertheless, on April 14, 201, the Defendant made it possible for the Victim E to purchase the name of Russia 50,000 US dollars (Korean Won 54,685,000) under the name of the deposit in the (State) D office located in the Busan Dong-gu, Busan (U.S.) office, and made a false statement that the transaction would not result in a sex or would return it upon the termination of the transaction.

As such, the Defendant, by deceiving the victim, received USD 50,00 from the victim, a transfer of USD 50,00 from the national bank account (Account Number G) in the name of D Corporation.

2. Even if the victim E remits money under the pretext of the purchase price of the street, the Defendant did not have an intention or ability to import the street to the victim, even if the Defendant had the victim E transfer money to H company as the victim company, such as the price of the street.

Nevertheless, on June 27, 2011, the Defendant, at the same place as the above paragraph (1) on June 27, 201, told the victim E to return USD 3,120 to H, the Defendant, instead of returning USD 50,000, out of USD 50,000 under the above paragraph (1), made a false statement that he would receive USD 24,00 from Trade Union and Labor Relations Corporation.

The Defendant, as such, by deceiving the victim, caused the third party to take financial benefits by transferring USD 3,120 (Korean Won KRW 3,391,533), which was calculated by deducting USD 30,00 from USD 33,120,00 in the purchase price of No. 24 tons in the No. Gai-U.S. from the victim.

3. On August 1, 201, the Defendant shall be a part of 53,120 U.S. dollars which is the sum of 50,000 U.S. dollars and 3,120 U.S. dollars which is 53,120 U.S. dollars which is the sum of 3,120 U.S. dollars which is the name deposit under the above paragraph (1) and