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(영문) 광주지방법원 순천지원 2017.04.27 2015고단1305 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Fraud against the victim D [2015 order 1305] The Defendant, at around 10:30 on March 11, 2015, run by the victim D on March 11, 2015, the F office operated by the victim D, the Defendant “a steel processing business by leasing a license from the inside luminous G with a license from H, and the scrap metal processing business is approximately 100-200 tons in one month.

However, in order for the victim to not have an interest because of a large amount of deposit, he/she made a false statement that “I would make it possible to pay 30 million won, not a deposit, and make it possible to bring 50 won per kilogram by giving a scrap metal without a deposit, and bring 50 won per kilogram, if I lend 30 million won, not a deposit.”

However, the Defendant did not have any intent or ability to repay the said KRW 30 million to the victim on the date of repayment, even if he borrowed the said KRW 30 million from the said victim, since there was no income from which the said KRW 219 million was incurred at the time of borrowing the said KRW 30 million from the said victim, and since the new contract was not in progress, it was not capable of extinguishing the said KRW 30 million, the Defendant did not have any intent or ability to repay the said KRW 30 million to the victim on the date of repayment.

The Defendant received respectively from the above damage, on March 12, 2015, KRW 10 million from the above damage, and KRW 20 million from March 16, 2015 as a passbook to a national bank in the name of the Defendant’s birth, under the name of the Defendant’s birth.

Accordingly, the defendant was given property by deceiving the above victim.

2. Fraud against the victim K [2015 order 2533] The Defendant: (a) around November 2, 2014, on the part of the victim K operating a secondhand water shop with the name of “N” in the M cafeteria L, the name of “N”, “a metal processing business is run by leasing a license from inside luminous G with a house from H; (b) on the part of one month, the scrap metal runs approximately 70-100 tons.

A false statement was made that “I will supply scrap metal if you walk KRW 50 million.”

However, the facts are that the defendant did not have concluded a steel processing contract finally, and there is little quantity received.

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