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(영문) 서울중앙지방법원 2016.02.05 2015고단7528
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 7,406,00 won to the applicant B for the compensation.

Reasons

Punishment of the crime

The Defendant is a person who has engaged in precious metal sales business in the trade name of Jongno-gu Seoul Metropolitan Government D shopping mall.

The Defendant, from around 2008, was employed as an employee in precious metal store and paid a certain amount of profit to the salesroom owner. The Defendant actually operated the sales outlet, and the Defendant incurred a debt of approximately KRW 70 million to KRW 80 million in light of light in 2011. From around 2011, the Defendant directly operated precious metal store and additionally incurred a debt of KRW 70 million to KRW 80 million in excess of the total amount of KRW 150 million in light of around 2014.

Thus, even if the defendant operated precious metal stores thereafter, the defendant is urged to pay approximately KRW 150,000,000,000 which had been already borne by the defendant, so even if he received precious metals from other stores and sold them to the customer, it is not possible to pay the price to the customer on the date of promise, and it is reasonable to use it in paying the existing debt.

Nevertheless, on June 25, 2015, the Defendant stated that “The Defendant would sell Damond to another customer and pay the price to the other customer until August 6, 2015” to the victim H operating precious metal store in the name of “G” in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, and received KRW 6.9 million of the market price from the injured party from the time when the Defendant received one payment of KRW 1.02 Gamond 1.02 Dogs from the injured party.

8. By October, 198, the victims received a total of KRW 153,466,00 from 16 victims of precious metals and cash over 36 times from 16 victims, such as written in the list of offenses, and used them to repay their existing obligations without performing their commitments.

Ultimately, the Defendant, as above, by deceiving the victims, obtained a total of KRW 153,466,00 from the victims by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations on police statements made to H, I, J, K, L, M, C, N,O, B, P, Q, R, T, and U

1. Article 347(1) and Article 347 of the Criminal Act as to the facts constituting an offense.

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