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(영문) 광주지방법원 순천지원 2014.12.30 2014고단1965
사기
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

(1) The Seoul High Court sentenced Defendant B to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Composition and Activity of Organizations, etc.) at the Seoul High Court on May 1, 2012, and completed the execution of the sentence on November 15, 2013.

【Criminal Facts】

1. On September 22, 2014, in the case of the livestock auction market opened at the new wall time with E, the Defendants conspired to acquire the livestock at a successful bid by taking advantage of the fact that, if having written a written confirmation of obligation to deposit the successful bid price, the livestock will be immediately brought to the public. Defendant B is responsible for the introduction of livestock farmers to dispose of the auction place, date and time, description of the auction method, and the bided livestock, and Defendant A introduced E to participate in the auction, and Defendant A intended to dispose of livestock under his/her own name after receiving the successful bid, and to have divided the price.

On September 22, 2014, the Defendants made a false statement that they would deposit the price up to 17:00 on the day when they were awarded a lawsuit under the name of E in G market located in Bosung-gun F around 07:00.

However, in fact, the Defendants did not have any intent or ability to pay the price even if they were awarded a lawsuit, because they participated in the auction for the purpose of gaining profit by disposing of the lawsuit which was awarded a successful bid in the absence of money to pay the price.

The Defendants were issued from the victim the 33,695,00 won of the market value of the 33,695,000 won and the total of 4 pregnant women.

As a result, the Defendants received property by deceiving the victim in collusion with E.

2. On October 15, 2014, in the case of the domestic auction market of livestock opened at the time of J, K and new walling, the Defendants conspired to acquire livestock by winning them at a successful bid by using the fact that, by preparing a debt certificate that they will deposit the bid price, they may immediately bring the winning livestock, and Defendant B is the place and date of auction.

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