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(영문) 부산지방법원 2016.11.24 2016고단3574
사기등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On August 10, 2015, the Defendant, who pretended to supply foodstuffs, received from the victim C (56 years of age, and female) a total of KRW 23 million on nine occasions as shown in the attached Table of Crimes, including transfer of KRW 1 million from the victim to the Busan Bank account in his/her name from August 12, 2015, for the following reasons: (a) the Defendant: (b) obtained the victim C (56 years of age, and female) by telephone to sell rice and fruit to the inspection of the ship located in Jeollabuk-do where he/she makes domestic transactions; and (c) obtained the victim’s transfer of KRW 1 million to the Busan Bank Account in his/her name from August 12, 2015.

2. On September 2015, the Defendant borrowed a credit card to the effect that, by telephone, the Defendant: (a) made a false statement to the effect that “the Defendant would pay 30% discount when he/she lives an article; (b) would have no money; (c) if he/she loans the card, he/she may pay the credit card; and (d) may return money after two to three days, because he/she may pay it; and (c) he/she received a bank card, lot card, corporate bank card, agricultural card, new card, and bank card under the name of the victim from the victim; (d) used funds from E, etc. to pay the principal and interest of the bonds by making use of the credit card in E, etc.; and (e) used the total amount of KRW 43,760,000 by December 24, 2015; and (e) made a substitute payment to the victim by allowing the victim to pay the amount of KRW 17 million out of the card to the victim.

3. Fraud related to auction;

A. On November 24, 2015, the Defendant: (a) made a false statement to the effect that “the Defendant 180 million won of money is required to be paid to the Defendant as the selling price for the auction goods at the time of the loan,” from the agricultural cooperative located in the Dongdong-dong, Busan, the Defendant acquired KRW 9 million from the victim on the same day.

B. The defendant on December of the same year.

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