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(영문) 서울중앙지방법원 2017.07.19 2017고단648

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who engages in precious metal wholesale and retail business under the trade name of "E" on the first floor of Jongno-gu Seoul Metropolitan Government D shopping mall.

From around January 2015, the Defendant was liable for the debt amounting to KRW 1.3 billion due to business difficulties, and around January 2017, the Defendant was able to receive new credit transactions in which part of the credit transaction amount due to the purchase of the gold was to be repaid. The Defendant purchased gold from precious metal wholesalers in order to obtain gains from trading profits due to changes in the market price due to changes in time angle, but the Defendant has operated a business in the form of payment in cash in the form of credit or loan (the so-called so-called “return repayment”) in which part of the previous credit transaction amount was sold from other traders in the form of credit or loan (the so-called “return repayment”) and newly purchased the credit amount on the same day or the next day.

1. On January 2, 2017, the Defendant: (a) stated on the part of the victim F, on the part of the first floor precious metal company “H” of Jongno-gu Seoul Metropolitanro G Building, that “the victim, who is the operator, changed the amount of money KRW 900 to pay daily cash on credit”; and (b) stated that “the victim, who is the operator, borrowed 30 money to pay daily return.”

However, the defendant did not have the intention or ability to pay the price even if he purchased the price from the injured party, and he did not have the intention or ability to return the price even after borrowing it.

Nevertheless, the Defendant, by deceiving the victim, received 900 gold as a purchase from the victim, and 930 gold (930 gold x 175,800 gold x 175,800 gold x 163,494,00 gold x 163,494,00 gold x 1 gold x 163,494,00 gold) in the name of the victim.

2. On January 2, 2017, the Defendant: (a) stated on January 2, 2017, the victim I to the effect that “the victim, the operator of the precious metal business located in Jongno-gu Seoul Jongno-gu J. 14, referred to as “the victim, who is the operator, shall be able to pay the daily cash in one kgth and nine g duds on credit.”

However, the facts are that the defendant has contributed money from the injured party.