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(영문) 대전지방법원 2019.05.02 2019고단903

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for two months.

Reasons

Punishment of the crime

Defendant

B On March 28, 2019, the Daejeon District Court sentenced eight months of imprisonment with prison labor for special larceny, etc., which became final and conclusive on April 5, 2019.

1. Defendant A, C, and D’s co-offenders: (a) as if they were the net gold products, the Defendant conspired to leave them to pawned and distribute cash under the pretext of a loan; (b) around May 2018, the Defendant orders a fake gold boom, etc., each of which is called “18K” or “24K” from an off-site enterprise searched into “Do gold” on the Internet; and (c) the Defendant, C, and D received the said fake gold product; and (d) around May 26, 2018, C received the said fake product from the “F Party f Party b, located in the Gwangju Mine-gu, Gwangju Special Metropolitan City; and (d) around May 26, 2018, C received KRW 70,000,000 from the victim G, who is the business owner, as a collateral, and received KRW 50,000,000,00 from the victim’s total amount of loan by 60,016.

Accordingly, the defendant, in collusion with C and D, obtained a total of 5.6 million won by fraud.

2. Defendants and D, D, C’s co-principal Defendants and D, and C, as described in paragraph (1) around June 11, 2018, agree to receive cash from the victim G as loans and distribute them under the same manner as described in paragraph (1). Defendant A orders a fake, C and D received the said fake gold product, and C and D drive the vehicle to the end of an unexpected horse in the middle village of Gwangju Mine-gu, and Defendant B introduced the victim to “H”, and then assigned KRW 2.6 million in cash as loans.

Accordingly, the Defendants, in collusion with C and D, acquired a total of 2.6 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against D or C;

1. As a result of the appraisal of fake gold sheet, a copy of the loan account;

1. A previous conviction in judgment: