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(영문) 대구지방법원 2014.12.26 2014고합445
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant pays 600,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.), fraud, etc. at the Daegu District Court on April 6, 2013, and completed the execution of the sentence.

1. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. On August 25, 2013, the Defendant, at the office of E Co., Ltd. (E) located in Daegu Seo-gu, Seogu, Daegu (hereinafter “E”) around 18:00 on August 25, 2013, the Defendant said that “The Defendant would pay the Victim C profits at least 300 million won if he/she sells in the scrap metal after lifting the dredging vessel sunken into the front sea of Mancheon F, and then he/she bought it with the cover of at least 300 million won.” If 50 million won is leased, he/she would make an investment in the dredging vessel and make a total of 50 million won with the principal and interest of at least 60 million won.”

However, in fact, most of them were planned to receive money from the victims to lend money to the third parties, G, etc., and even if the dredging vessel is carried out, at least three months have passed since there was no intention or ability to pay the said money to the victim.

On August 27, 2013, at around 09:15, the Defendant, by deceiving the victim as such, received KRW 500 million in cash from the victim, for the purpose of investment in scrap metal in the sunken dredging line in the vicinity of the victim's house located in the Daegu Suwon-gu H apartment.

B. From September 3, 2013 to September 4, 2013, the Defendant stated in the E office that “In the event that there is a removal work for an I factory in Busan-guJ, 100 million won, the Defendant would complete payment by September 25, 2013, including 600 million won that he/she first borrowed the scrap metal from that time and sold it, and 30 million won that he/she would complete payment by September 25, 2013, including 10 million won that he/she suffered damages.”

However, at the time, the defendant did not have the authority to perform the removal work, and 50 million won out of the money received from the victim.

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