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(영문) 의정부지방법원 2019.11.21 2019고단3092
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who had been engaged in precious metal business from around 2004 to the name of “C” by the precious metal wholesaler located in Jongno-gu Seoul Metropolitan Government, and from around 2015 to the name of “E” by the precious metal wholesaler located in Jongno-gu Seoul Metropolitan Government D.

1. On June 19, 2015, the Defendant made a false statement that “The Victim F-related Defendant would make an investment in purchasing gold if there is cash,” with the victim’s “E” at the gold bank. In doing so, the Defendant would give 2% interest per month in making profits.”

However, in 2015, the Defendant had approximately KRW 350 million loan obligations in G, about KRW 45 million personal debt obligations, and about KRW 45 million due to the operation of the Fund. As such, the Defendant was in a state of reporting the enemy, there was no intention or ability to pay interest thereon even if he received money from the victim.

As above, the Defendant, by deceiving the victim as above, received 7 million won as investment money from the victim who was in that position, and acquired 32 million won through three times as shown in the attached Table I, such as the list of crimes I.

2. Around June 2016, the victim H-related criminal defendant made a false statement to the victim “E” at the above “E business establishment operated by the Defendant, stating that “The Defendant shall pay money to the victim KRW 30,000,000,000,000.” The Defendant paid money to the victim and the interest shall also be paid back later.”

However, in 2015, the Defendant had approximately KRW 350 million loan obligations in G, about KRW 45 million personal debt obligations, and about KRW 45 million due to the operation of the Fund. As such, the Defendant was in a state of reporting the enemy, there was no intention or ability to pay interest thereon even if he received money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim who was in his position, and acquired KRW 597260,000 through four times as shown in the attached Table II, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1.F.

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