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(영문) 서울서부지방법원 2018.09.21 2017고단2745

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 10, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for fraud and two-year imprisonment for the same year.

9.21 The above judgment became final and conclusive.

1. Fraud against the victim B;

A. On February 16, 2008, the Defendant made a false statement to the effect that “When investing in a convalescent hospital known to him/her, he/she would give the victim revenues equivalent to 30% of the amount of investment and investment within 10 months.”

However, even if the defendant receives money from the injured party, he did not have any intention or ability to make profits from the injured party by investing it in the convalescent hospital.

Nevertheless, the defendant deceiving the victim as above and stated in the indictment total of KRW 30 million on the same day from the victim, and KRW 20 million on the following day as " KRW 50,000 on the same day," but it is obvious that it is a clerical error (the page 26 of the evidence record). The defendant was remitted to the C bank account (Account Number: D) in the name of the defendant.

B. On December 29, 2010, the Defendant made a false statement to the effect that “If an investment is made in the stone development project that is conducted in the area other than the area of the former North Korea E and four parcels, the Defendant would make two times the investment amount within two years.”

However, in the case of the above tinsan, the above tinsan had been suspended by another person in around 2009, and there was a place where a civil petition has been continuously raised due to the distribution of a house in the vicinity, as well as a place where forest protection forests, reservoirs, and military auxiliary facilities are connected, and thus there is little possibility to permit the gathering of earth and stones thereafter. Thus, even if the defendant receives money from the injured party, he did not have the intention or ability to reduce twice the investment amount within 2 years after the execution of the above tinsan development project.

Nevertheless, the defendant deceivings the victim as above, and thereby, he was from the victim to the account under the name of the defendant as stated in the above paragraph (a). < Amended by Presidential Decree No. 22500, Dec. 29, 2010>