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(영문) 인천지방법원 2015.11.25 2015고단2252
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 90,544,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[criminal power] On July 2, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on October 7, 2010.

【Criminal Facts】

The Defendant is an employee of the “E” precious metal shop, and F is an intermediate sales store of precious metal.

From July 2013, the Defendant: (a) had been supplied with Damond in “G” operated by the victim D through F; (b) had used part of the sales proceeds to repay his/her personal debt; (c) had sold Damond at low prices; and (d) had sold Damond to meet the pre-existing Damond purchase price.

On August 16, 2013, the Defendant supplied the Victim D with the Victim D, in the “G” brokerage office operated by Jongno-gu Seoul Jongno-gu Seoul H building 203, with the intermediate seller F, the Defendant made a false statement that he would pay the Victim for the payment in cash through the Victim F in the intermediate seller’s office.

However, in fact, the Defendant did not have any intention or ability to pay the Damond price normally because it was scheduled to sell the Damond at a low price to meet the pre-existing purchase price.

As above, the Defendant, by deceiving the victim as above, received the Damond immediately from the victim, and acquired the Damond in total of 90,544,00 won by eight times until August 26, 2013, as shown in attached Table 1, including the fact that he received the Damond from the victim immediately.

"2015 Highest 5231" was employed by the Defendant from June 2012 to January 2013, 2013 at a galgalian department store store 282, "I", and the victims who worked at the same department store have contacted the Defendant in order to purchase gold or to provide consultation on precious metals.

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