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(영문) 대전지방법원 천안지원 2016.06.17 2016고단336

사기

Text

The punishment of the accused shall be three years of imprisonment.

Reasons

Punishment of the crime

On November 13, 2009, the Defendant was sentenced to five years of imprisonment for a crime of fraud, etc. at the Daejeon District Court on November 13, 2009, and the said judgment became final and conclusive on November 18, 2009, and completed the execution of the sentence at the Cheongju Women’s Prison on July 20, 2013.

around August 2, 2013, the Defendant: (a) around August 2, 2013, the Seocho-gu Seoul Metropolitan Government “F” 1st floor “F” in Seocho-gu, Seoul; (b) “The Republic of Korea is engaged in closed-down business, importing copper in the Philippines and selling it to the advanced factory of the modern steel industry; and (c) the amount of KRW 3 billion imports.

On the other hand, a loan shall be paid twice the amount borrowed after the profit from the Gu, if it is lent money to the business expenses, living expenses, etc.

“A false representation was made.”

However, in fact, the Defendant did not have received the Guidein in the Philippines, and there was no fact that there was no contract to deliver the Guidein in the modern steel plant, so even if he received the money from the injured party, he did not have the intent or ability to pay twice the borrowed money.

Nevertheless, on August 2, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 1,00,000 from the victim’s new bank account (number: H) in the name of the Defendant; and (c) received KRW 286,857,50 from that time until April 4, 2014, a total of 36 times, as shown in the crime list, including the list of crimes.

"2016 Highest 408"

1. On November 20, 2013, the Defendant committed the crime at around November 20, 2013, at the time of the victim J’s “K” store in Jongno-gu Seoul, Jongno-gu, Seoul International Commercial Building No. 34 around November 10, 2013, the victim’s revenue from the said store is KRW 3 billion to KRW 4 billion.

When selling precious metals on credit, it was false that the sales of precious metals would pay the price in full within one week.

However, the Defendant did not have imported scrap metal at the time, and there was no fact that 3 billion won through 4 billion won received precious metal from the injured party, so even if he received precious metal from the injured party, he did not have the intention or ability to pay the price.