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(영문) 수원지방법원 2016.07.13 2015고단4380

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of extracting precious metals, including gold and silver, from waste materials, etc., under the trade name of “D” in Gyeonggi-do.

Around November 10, 2013, the Defendant called the victim E in the foregoing “D” plant, and made a false statement to the effect that “a distributor who knowingly knows inside the inside of the inside of the inside of the inside of the inside of the inside of the country has 1690 kilograms, and is extracted from gold 4.5g per 1 km, and if purchased gold, at least 300 million won may be collected, and at least 300 million won may be paid if purchased gold. The Defendant made a false statement to the effect that he/she would sell gold extracted to the local distributor and make a half of the remaining profits.”

However, the Defendant had decided to purchase wafers in F, not 20 million won, but 120 million won. At the time, the Defendant thought that part of the amount from damage caused by lack of factory operation expenses at the time was used for the purpose of paying the lease deposit and credit payment for other factories located in Swa in Swa City, not for the purchase cost of wafers. In fact, the Defendant was actually extracted about 0.56 g (90 g in total 1690 g) per 1kg from the aforesaid wafers, and there was no intent or ability to reduce the principal and revenue promised even if it was invested by the damaged person.

The Defendant was transferred 24.9 billion won in total to the corporate bank account in the name of the Defendant from November 14, 2013 to November 15, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against the F;

1. Police statements made to E and F;

1. The application of the Act and subordinate statutes, such as inquiry of the results of the transfer of our bank, contract, a statement of the change, record of the record, record of the entry and withdrawal transaction, transaction of passbook such as transaction contract, etc., deposit and withdrawal transaction details, copy of the check prior to entry and withdrawal, and check details.