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(영문) 대전지방법원 공주지원 2014.09.12 2013고단385
사기등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 7, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) in the Jeonju District Court’s branch court’s branch court on July 7, 201 and completed the execution of the sentence on July 23, 201.

The victim C is a person who runs scrap metal business, such as recyclables, with the trade name “E” in Daejeon Dong-gu, Daejeon, and the Defendant is a person employed by the victim C from March 14, 2013 to perform the duty of collecting scrap metal, etc.

1. Around April 13, 2013, the defrauded concluded that, “E” on the secondhand of the said “E,” the Defendant would sell and supply the scrap metal immediately if he/she pays advance payment to the victim C.

However, as the defendant thought to use it as a living cost, even if he receives money from the victim C as a fund for the purchase of scrap metals, he did not have the intention or ability to deliver scrap metals to the victim C.

As such, the Defendant, by deceiving the victim C, remitted the victim’s KRW 200,000 from the victim C the same day, KRW 100,000 won on April 18, 2013, and KRW 190,000 on April 24, 2013 to the Agricultural Cooperative Account (F) under the name of each Defendant, and acquired KRW 650,000 in total by obtaining KRW 60,000 on the date in cash at around that time.

2. On April 2013, the Defendant was employed by the victim C, and was used by the victim C, G 1t Poter, who is the owner of the victim C, and kept in custody for the victim C, and delivered the 2,50,000,000 won of the market price to J in return for the amount of debt of 3.5 million won at the Ist Ha located in Kim Jong-si, Kim Jong-si.

Accordingly, the Defendant embezzled the victim C’s property.

"2014 Highest 70"

1. At night, the Defendant was corrected on Lares in K at night, around May 13, 2013, when he/she lacks the ability to discern things or make decisions due to alcohol abuse and symptoms of anti-social personality disorder.

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