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(영문) 광주지방법원 2014.06.26 2013고단1485
사기
Text

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

Reasons

Punishment of the crime

"Around January 10, 2012, the Defendant: (a) at the F office, the scrap metal business entity operated by the victim E, the victim of the victim in the Y-gun of the Y-gun of the Republic of Korea, the Defendant: (b) falsely speaks that “Around January 10, 2012, the Defendant was awarded a successful bid for the H site, factory buildings, machinery equipment, etc. in the Y-si of the Republic of Korea; (c) there is any scrap metal exceeding 2,00 tons in the factory; and (d) it would transfer the amount of money in the name of the advance payment within one month from the payment.” (J) The Defendant received a total of KRW 120 million from the victim’s wife account in the name of the Defendant’s wife on January 12, 2012; (d) KRW 80 million on January 18, 2012; and (e) KRW 30 million on February 13, 2012.

However, in fact, the Defendant did not solely receive the successful bid price and secure the ownership of the successful bid price in full, but did not take part in the auction under the name of the partner with two partners, and did not take part in the process of decentralization to raise the successful bid price. The Defendant was in the position to receive large amounts of loans from financial rights or to lend bonds due to vulnerable financial circumstances, such as the lack of surplus funds, etc., and thus, it is entirely impossible to predict any subsequent situation due to such vulnerable financial circumstances, even if

Even if there was no intention or ability to supply scrap metal as promised to the victim.

Accordingly, the defendant deceivings the victim as above, thereby deceiving 230 million won.

around February 21, 2012, the Defendant, “202,” made a false statement, “Around February 21, 2012, the Defendant paid KRW 130 million to the Victim K with the price of the scrap metal, non-stock, etc. issued at H, to which he/she was awarded a successful bid of H.” to the Victim K.

However, in fact, the defendant received the above H independently and paid the successful bid price in full and did not secure ownership, but made efforts to prepare the successful bid price by participating in an auction under the name of the partner with two partners, and there is almost no surplus.

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