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(영문) 서울남부지방법원 2019.02.15 2018고단5155
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

The Defendant and B pretended as if the Defendant could have left a large margin immediately after purchasing the two-out oil or the low-priced drugs from B, and concluded that there is a lack of money and conspired to receive money from the victims as a loan for the purchase price, thereby obtaining money from the victims.

1. On December 8, 2015, around 19:00, the Defendant and B met the Victim C at the E coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

In that place, the Defendant stated that “brin oil is used as a cancer treatment chemical, and is also used by pharmaceutical manufacturers. When purchasing two byproduct oil in KRW 100,000,000, it can immediately be sold in KRW 1,40,000,000 by attaching 40,000,000 won,” and that “B, as agreed in advance, sold two influent oil samples to the Defendant, and opened the body-known disease.”

Then, at around 09:40 on December 9, 2015, the Defendant and B re-entered the victim at the coffee shop, but the Defendant, before the victim, made a price show as if the Defendant saw the two-out oil to B, and then, the Defendant received from the victim KRW 5 million payment of the oil immediately in return for the purchase of the oil.” The Defendant received from the victim KRW 5 million payment of the oil in cash.

However, in fact, the defendant sold the two kinds of oil to the company and the gas station, and the defendant purchased the two parts of the oil from B in KRW 100 million and sold it in KRW 140 million.

As a result, the Defendant conspired with B to deceiving the victim, and received five million won in cash, which is owned by the victim, from the victim.

2. On January 8, 2016, around 10:30, the Defendant and B committed the crime against the Victim F, who met the Victim F on the H 2 floor located in Yeongdeungpo-gu Seoul Metropolitan Government G, or who, before the Victim B, had the Defendant saw the Victim F as having killed the Victim B as he did, then the Defendant promised in advance.

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