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(영문) 수원지방법원 2016.03.23 2015고단2415
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant, from March 2012 to early 2014, was a person who operated C B, and from March 2013 to March 2014, 2014, the Defendant traded steel materials from around April 30, 2012 to H, a branch of H, the Defendant, who was operating the company G in Gyeonggi-do, the victim E, a person who was operating the company G in the G in the Seosung City of Gyeonggi-do, and the Defendant became aware of the victim’s introduction in April 2012, and traded steel materials.

1. On November 2012, the defrauded stated that “The Defendant, in relation to the borrowed money, provided real estate owned by the Defendant as security and paid 3% interest per month to the victim in the G Office of the Seoul Special Metropolitan City, which was located in F in the Masa casino in Masa City, Gyeonggi-do, the Defendant would return the principal and interest of the borrowed money to the victim on a several occasions.” As such, the Defendant stated that “The principal and interest of the borrowed money would return the price of the material that was received in advance prior to the interest and interest.”

However, in fact, the defendant did not think that he would invest the victim's money in the Marcar Casino business, and even if he received KRW 100 million from the victim, he thought that it would be used as the defendant's living expenses, business partner's obligation and real estate purchase expenses.

The Defendant was transferred KRW 100,00 from the victim to the H’s account on November 22, 2012.

Accordingly, the defendant was given a monetary amount of KRW 100 million by deceiving the victim.

2. On April 2013, at the victim’s operating office, the Defendant: (a) purchased real estate with the payment of steel materials in advance; (b) supplied them as security; and (c) supplied steel from the steel company to the victim on credit; and (d) returned money if not, the Defendant would return money.

However, at the time, the defendant was in a total of KRW 80 million with personal penalty, and even if he received advance payment from the injured party, he did not think that he would purchase real estate, and he thought that he would use it as a living expense or a monthly salary of the staff of the defendant.

The defendant shall belong to the victim on March 2013.

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