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(영문) 수원지방법원 안산지원 2015.07.16 2015고단147
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

(2) The Defendant: (a) was operating precious metal wholesale store with the trade name “C” in Ansan-si, Masan-si; (b) entered into a contract with the victim member Gad Co., Ltd. and the Defendant on behalf of the victim on March 10, 2010 on an agency for purchasing high-price on behalf of the victim; and (c) from that time until July 2010, the Defendant entered into a contract with the victim member Gad Co., Ltd. and the Defendant on an agency for purchasing high-price on behalf of the victim; and (d) deposited high-price with the Defendant’s bank account (2631040**) in the name of the victim until July 2010, the Defendant entered into a transaction by withdrawing the above high-price purchase price

Around July 14, 2010, the Defendant made a false statement that the Defendant would purchase money up to 14.7 million won from the above “C” office, and that the Defendant would purchase money up to 14:00 on July 16, 2010.

However, the Defendant, at the time, did not have any intent or ability to purchase high amounts even if the Defendant received high amounts of money from the victim, under the so-called so-called “overright” due to the circumstances such as (i) obligation to individuals, (ii) low amounts of money, (iii) obligation to loan companies, (iv) obligation to social loans, and (iv) other bank obligations, etc., such as bank obligations, and (v) repayment of principal and interest, and (iv) it is difficult for the Defendant to repay the principal and interest.

The defendant received 44.7 million won from the victim to the national bank account in the above victim's name as the purchase price for the same day on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Investigation reports (Submission of details of account with a complainant and telephone conversations for witnesses) and details of transactions, and details of transactions of entry and withdrawal;

1. A certified copy of the register;

1. A written oath;

1. Certificates of deposit;

1. Business registration certificate;

1. Acts and subordinate statutes of the high gold purchase agency contract;

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