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(영문) 대구지방법원 2016.05.19 2015고단6323
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On October 9, 2012, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on January 28, 2013.

[Criminal facts] The defendant was engaged in the wholesale and retail business of building materials in Busan Seo-gu, Busan, and the defendant was aware that he was bound and could not receive scrap metal and scrap metal from the victim F, and even if he received money from the victim F, he did not have the ability to receive scrap metal and scrap metal.

1. On November 14, 2008, the Defendant, at around 10:00 on November 14, 2008, sent KRW 50 million from the victim F to the Busan Bank Deposit Account (G) in the name of D in the name of Busan Bank, on the false statement to the effect that “The Defendant would supply the scrap metal and scrap metal under a contract with E if they are shipped out” to the victim F.

2. On February 12, 2009, the Defendant: (a) called the victim F by calls from the victim F at the same place as paragraph (1) around February 12, 2009; and (b) received a remittance of KRW 1 million from the victim to the Saemaul Treasury.

3. On April 21, 2011, the Defendant committed the crime at around April 21, 201, on phone to the victim F at the same place as that of paragraph (1) around April 21, 2011, and made a false statement to the effect that “I would have to deduct the goods (the goods), but would have to transfer KRW 10 million to the Defendant’s Saemaul Depository in the name of the Defendant,” and received a remittance from the victim to the Defendant’s Saemaul Depository.

4. On June 24, 2011, the Defendant: (a) called the Victim F at the same place as paragraph (1) around June 24, 201; and (b) called the Victim F and sent the necessary expenses.

By making a false statement to the effect that the owner will promptly carry the goods, 30,000 won was remitted to the Saemaul Treasury in the name of the defendant from the damaged person.

5. On July 8, 2011, the Defendant: (a) called the victim F at the same place as paragraph (1) around July 8, 201; and (b) called the victim F and sent the expenses.

In other words, the phrase " shall be false, and the Saemaul Treasury in the name of the defendant shall be held in the name of the victim.

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