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(영문) 의정부지방법원 2018.12.19 2018고단1544
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 12, 2008, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Registration of Loan Business and the Protection of Financial Users at the Seoul Western District Court on December 12, 2008, and the execution of the sentence was terminated at the Seoul Southern District Court on May 12, 2009.

[2018 Highest 1544] The Defendant from Aug. 20, 201 to Aug. 20, 2011, at the Multilateral dong in Yangju-si, the victim B “from Aug. 20, 2011, all scrap metal generated in the process of the removal of the C factory.”

9.As until November, 198, sales will be made in KRW 160 million.

As a down payment, the term “the amount of KRW 20 million is changed.”

However, prior to the conclusion of the above contract with the victim, the defendant had already decided to sell scrap metal generated in the process of the removal of the C plant to the victim, and had tried to use the money received from the victim for personal debt repayment, etc., and even if the victim received money from the victim as the down payment for the removal of the C plant, the victim did not have any intention or ability to sell scrap metal equivalent to KRW 160 million to the victim.

Nevertheless, on August 20, 201, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million from the victim to the bank account in the name of the Defendant’s wife D on August 20, 201 as the down payment for scrap metal.

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

[2018 Highest 2712] On July 4, 2011, the Defendant received 30 million won from the injured person to K account in the name of J (L) as a down payment on July 4, 201, and acquired 70 million won from the said account under the same name as the said account on July 5, 2011, in spite of the fact that there was no fact that the Defendant entered into a contract with H for the purchase of scrap metal, etc., and thus, the Defendant could not sell scrap metal, etc. to the victim I despite the fact that he/she had the authority to dispose of scrap metal, etc. of the victim, by deceiving the victim as if he/she had the authority to dispose of the scrap metal, etc. of H.

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