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(영문) 창원지방법원 2018.05.03 2018고합21
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

"2018 Gohap 21"

1. On June 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall pay the victim E a profit of 10% of the amount invested in the D office located in Seongdong-gu, Sungwon-si, Sungwon-si, Changwon-si.

“A false representation was made.”

However, in fact, the defendant thought that the money received from the injured party was used to repay the Internet gambling fund or the defendant's personal debt, and did not think that it was used as a deposit related to the purchase of the scrap metal or the purchase of the scrap metal. Furthermore, as the defendant traded the scrap metal with the small and medium-scale collection business entity, the company operated by the defendant did not have the intent or ability to pay 10% of the investment money as profits even if it received the investment money from the injured party.

Defendant deceiving the victim as above and received KRW 10,000,000 from the victim on June 26, 2012 to the corporate bank deposit account in the name of the Defendant, and acquired it through the delivery of KRW 2,57,000,000 from around that time to February 4, 2014 through 43 times, such as the previous list of crimes (1).

2. As described in paragraph 1, the Defendant was asked about whether he used money or goods as a scrap metal-related deposit money from E during the process of acquiring money or goods under the name of the purchase of scrap metal and the deposit of scrap metal as stated in paragraph 1. In order to pretend that part of the money acquired by deception was used as a deposit money related to the purchase of scrap metal, he/she forged the relevant documents, such as a scrap metal transaction contract, to use it.

A. A. On December 2013, the Defendant forged private documents: “G file trading contract, the name of goods: D office’s name” using a computer network file using a computer network file at the D office as described in paragraph (1) around December 2013: The design weight standard (A. 12,698 tons); the unit price: 50 million won per unit price compared to the unit price supplied by the various instructors; 50 million won per unit price; G, account number: H stock company, contract date: March 2013.

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