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(영문) 청주지방법원 2015.11.04 2015고단1474
사기
Text

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

The defendant pays 2,512,00 won to C who is an applicant for compensation.

Reasons

Punishment of the crime

The Defendant is a person who operates a gold door with the trade name “F” in Cheongju-si E, and around March 2013, the Defendant received loans from Cheongju-si from Cheongju-si to the above place, or borrowed personal money from 30 million won or more, and was in a situation where taxes were not imposed or impossible due to difficulties in the operation of the said bank, and the price of the goods received from the customers subject to orders was used to deliver precious metals to other customers who received orders prior to the receipt of orders from the customers, and there was no intention or ability to deliver the ordered precious metals even after receiving orders from the customers.

Nevertheless, around April 28, 2015, the Defendant made a false statement to the victim H, stating, “The Defendant would have the victim H purchase any money lower than the market price. If the value is paid, the Defendant would immediately pay the money.”

As above, the Defendant, by deceiving the above victim, received an order of 128 km from the above victim, and was given a cash of KRW 80 million in stone, but among them, did not pay KRW 78 km only, and did not pay KRW 31.5 million in the market value, thereby acquiring property benefits equivalent to the same amount.

In addition, from that time until July 21, 2015, the Defendant deceivings victims over 11 times, such as the list of crimes in the attached Table, and acquired a total of 194,207,127 won or pecuniary gain.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made against H, I, J, K, L, M, D, N, C, andO;

1. An investigation report (to attach detailed statements to arrears);

1. Application of each text copy, each specification of transactions, and Acts and subordinate statutes on deposits without passbook;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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