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(영문) 대구지방법원 2015.10.02 2008고합133
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[208Gohap13]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by deceiving the victim I over a total of four times, and by obtaining a total of KRW 696 million from the victim, the defendant acquired it by fraud.

On November 2006, the Defendant received 300 million won from the victim’s foreign exchange bank account in total, including KRW 21,20,000,000 and KRW 88,000,000,000,000 from the victim, on the ground that the Defendant stated, “If the Defendant has paid the price of the vehicle in advance through a withdembur who is engaged in internal transactions, it may receive the difference at a discount of 6% after three months. When selling the vehicle in Korea, the Defendant may regard the income of 10% even after deducting the amount of tax.” The Defendant received KRW 30,000,000 from the victim, including KRW 21,24,00,000,000 from the victim’s foreign exchange bank account.

However, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to import the benz car as above, and received the said money from the victim as a payment for import.

B. Around December 6, 2006, the Defendant received KRW 300 million from the victim, stating that “The Defendant was issued KRW 300 million from the victim’s office, stating that “The first order benz S500, which was issued, became one of the two parts of the two parts of the two parts of the two parts of the two parts of the two parts of the order. The Defendant imported and loaded the vehicle, thereby securing the annual business quantity by issuing an additional order to Benz S500, which is traded in the territory of the Republic of Korea.”

However, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to import the benz car as above, and received the said money from the victim as a payment for import.

C. On February 1, 2007, the Defendant at the above K Office held on February 1, 2007, the Defendant “Wenk money with our own money.”

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