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(영문) 수원지방법원 2013.10.16 2013고단1396
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 19, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Suwon District Court, which became final and conclusive on the 27th of the same month.

[2013 Highest 1396 Criminal facts] The Defendant is a person who operates a "DB Co., Ltd." for debt collection in Suwon-si C and 303.

On November 4, 2010, the Defendant: (a) entered into a contract with the victim E to acquire a loan claim amounting to KRW 90 million from six debtors, including the victim’s credit amounting to KRW 27.7 million; and (b) concluded a provisional seizure on the part of the victim by telephone on February 7, 2011; (c) stated that “The victim shall provisionally attach the F passbook in the name of F for the recovery of F’s claim; (d) the Defendant shall pay the above money to the court in return for the said provisional seizure.”

However, even if the defendant receives money from the victim as a deposit money for the provisional seizure, it was thought that it will be used as operating expenses of the DBA and did not intend to use it as deposit money, and the necessary deposit amount was not only KRW 20 million but also KRW 12 million.

At around 14:00 on February 8, 201, the Defendant, by deceiving the victim as above, received cash KRW 20 million from the Suwon District Court located in Suwon-gu, Suwon-si, Suwon-si, the source of which is 80,000, under the name of deposit money, and acquired it by deceiving the victim.

[2013 Highest 3763 Criminal facts] The Defendant, who was operating a DBC in Suwon-si, the purpose of which is to collect debts, concluded a contract with the Defendant on May 16, 201, to collect and recover loans equivalent to KRW 20 million against G H.

The Defendant knew that G had little legal knowledge, and received a false payment order from the obligee H and the obligor G, and had G as the obligor pay the repayment deposit amount, and this procedure against H.

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