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(영문) 대전지방법원 논산지원 2019.02.19 2018고단154

사기

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On November 20, 2014, the Defendant was sentenced to four months of imprisonment and two months of imprisonment for a crime of fraud in the Sungnam Branch of Suwon District Court on May 21, 2015, and the execution of the sentence was terminated in the female prison on May 21, 2015. On November 29, 2018, the Defendant appealed ten months of imprisonment for a crime of fraud in the Sungnam Branch of Suwon District Court, which was pending in the appeal court at Suwon District Court.

【Criminal Facts】

"2018 Highest 154"

1. Around August 2, 2016, the Defendant against the victim B stated that “The victim B would make an investment in the hotel casino located in the Philippines at the time of the payment of the investment amount to the interest rate of 10% of the investment amount and return the principal amount to the victim B only if the contract period expires before the expiration of the contract period.”

However, in fact, the defendant did not have invested in casino business, and the money received from the victim was thought to be used for other fraudulent victims' agreed money and personal debt repayment, etc., so that the victim did not have the intention or ability to reduce investment profits even if he received investment money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 118,200,000 from the victim on August 3, 2016 to the bank account (E) in the name of C Bank (E) and received the total amount of KRW 118,20,000 from that time to April 27, 2017, as shown in the attached crime list (1).

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

2. On August 18, 2016, the Defendant against the victim F had two hotel hotels owned by Singapore and the Philippines while explaining the casino business-related business to the victim F at H H L L L L located in Seosan-si on August 18, 2016, and if an investment money is made by investing in the hotel casino located in the Philippines, 10% of the principal of the investment per month shall be reduced, and the principal of the investment shall be made after one year.