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(영문) 대구지방법원 2016.10.27 2016고단2738

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a cosmetic shopping shop called “D” in Daegu-gu, Daegu-gu, from around 2008 to September 2014.

1. On March 2012, the Defendant told the victim E by telephone at the above cosmetics shop that “In order to purchase dumping goods and intermediate wholesale, the Defendant would return KRW 14 million including the profits from lending money.”

However, in fact, the Defendant only intended to use the above money for the purpose of repaying debts from the victim at that time. As such, the Defendant purchased the dumped goods and did not have the intent or ability to pay the proceeds to the victim.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim to the national bank account in the name of the Defendant, KRW 8.5 million on March 19, 2012, KRW 3 million on March 27, 201, and KRW 11.5 million on the aggregate.

2. On May 24, 2012, the Defendant told the victim E by telephone at the above cosmetics shop that “The Defendant would make profits from purchasing dumping goods, such as a dys, and try to make an intermediate wholesale.”

However, in fact, the Defendant only lent money from the victim at that time to a third party, and as such, there was no intention or ability to purchase and sell the dumped goods and to pay the proceeds to the victim.

On May 25, 2012, the Defendant, by deceiving the victim as above, received KRW 21.5 million in cash from the victim as the borrowed money.

In the end, the Defendant was issued a total of 3 million won by deceiving the victim two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of each financial transaction;

1. Application of each statute on a loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;