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(영문) 창원지방법원 통영지원 2020.01.30 2019고단1122

사기

Text

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

The defendant shall pay 2,800,000 won to the applicant B, and 26.

Reasons

Punishment of the crime

【Criminal Power】 On July 7, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud to be committed through the Changwon District Court’s common assistance, and the execution of the sentence was terminated at the detention center on March 28, 2017.

【Criminal Facts】 【2019 Highest 1122】

1. The defrauded against the victim C received precious metals from the bond company on credit to pay the money, and he shall be responsible for the payment of the bonds by receiving them from the bond company.

On January 14:00 on January 30, 2019, the Defendant falsely stated that “F” operated by the victim C in E-Maart, which is located in Dong, “I will make a gift to his/her husband, to his/her wife, to whom he/she would make a gift, to whom he/she would make a payment to his/her husband if he/she had sold gold booms, arms, etc. on credit, to which he/she would make a payment if she entered her husband.”

However, the Defendant was a bad credit holder, and even if he received precious metals from the victim, he did not have any intention or ability to pay the full payment of precious metals from the beginning because he was in mind of being entrusted with the pawnpos and repaid his bonds.

As above, the Defendant, by deceiving the victim as above, received four 24 K SP Sheblings equivalent to the sum of KRW 15.9 million from the victim, and two brushes, and two half brushes from the victim in the same manner at the same place as 16:00 on January 31, 2019, and five 24 K Meblings equivalent to the market price of KRW 15.7 million and two verbings were delivered from the victim in the same manner, and the victim paid KRW 5 million out of the cash received from the victim in the pawngpo, which was delivered to the victim in order to make himself/herself believe. On February 11, 2019, the Defendant received two verbings in the same way at the same place as 3.75 million won at the market price.

Accordingly, the Defendant purchased precious metal worth KRW 30,350,000 from the victim on credit three occasions in total, and received it.

2. On April 13, 2019, the criminal defendant against the victim G is the victim G, and “the hospital expenses” is the defendant against the victim G from the victim G in the Tong-si H on April 13, 201.