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(영문) 수원지방법원 2015.05.14 2014고단6760
사기등
Text

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

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

Reasons

Punishment of the crime

[2014 Highest 6760]

1. On July 6, 2009, at the Elaundry office operated by the victim C in Young-gu, Suwon-si, Suwon-si, the Defendant made a false statement to the victim that “The victim is entrusted with the scrap metal business within the Republic of Korea by the D D D, who is supplied with scrap metal at a low price than other people.” Therefore, if the business fund is borrowed, the Defendant borrowed the business fund at the same time, 2 weeks have left the profit as the business, and later, would pay 11% to the principal and 13% as interest along with the principal.”

However, there was no relation with the different councils, and there was no intention and ability to leave the profit by receiving money from the victim because there was no fact of being entrusted with the scrap metal business.

As such, the Defendant, by deceiving the victim as such, received 40 million won in total from the victim on July 6, 2009, 12 million won on August 10, 2009, 10 million won on August 24, 2009, 10 million won on August 24, 2009, 5 million won on November 4, 2009, and 45 million won on December 18, 2009, and from that time, received 40 million won on the basis of an investment deposit, from the victim to January 28, 2013.

1. The sum of 220,9250,000 won was received from the victim as described above;

2. On October 23, 2012, the Defendant forged a private document and the use of the falsified-gu Private Document: (a) indicated “C”, “F”, “F” in the customer address column, and “C” in the applicant’s column in the mobile phone subscription column using a yellow-type pen without authority for the purpose of exercising the right; and (b) signed the name of “C” in the applicant’s column.

As a result, the Defendant forged one copy of the application for joining the mobile phone in the name of C, which is a private document on rights and duties, and issued a forged application for joining the mobile phone at the seat, i.e., the above-mentioned application to the above-mentioned mobile phone agent.

[2014 Highest 6967]

1. The Defendant: (a) around March 6, 2012, to the victim H at an infinite area not exceeding Gi-si, Chungcheongnam-si.

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