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(영문) 서울남부지방법원 2015.08.06 2015고단2046

사기

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Criminal facts

[criminal power] On May 6, 2009, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Central District Court, and one year and six months of imprisonment for fraud at the same court on December 30, 2009. On July 5, 2012, the Seoul Southern Prison completed the execution of each of the above punishment. On October 31, 2014, the Seoul Southern Southern District Court was sentenced to two years and six months of imprisonment for fraud, and that judgment became final and conclusive on April 24, 2015.

【Criminal Facts】

1. On June 2013, the Defendant, at the office of the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul) on the early 2013, displayed a multimond that the Defendant, while making a false statement with the victim D that “a business imports precious metals, such as Damond, and distributes them in paper.” The Defendant displayed a multimond, the fact of which is not confirmed.

After that, on July 11, 2013, the Defendant called Malaysia, “Around July 11, 2013, the Defendant made a phone call to the victim in Malaysia, with the need to pay the card value to the Malaysia, 3,000,000 won. It is called that the Defendant shall pay off money because money has been sufficiently paid to the account in the name of the office.”

However, in fact, the Defendant did not engage in precious metal import business, and not only did he did not have any regular income or property but also bears obligations equivalent to KRW 171,00,000, and even if he borrowed money from the victim, he did not have the ability or intent to repay it when he borrowed money.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 3,000,000 won from the victim to the deposit account in the name of F, which is the seat of the Defendant.

2. On July 12, 2013, the Defendant: (a) called the victim in Malaysia E by phone calls to the victim; and (b) did not report to the customs office to enter into the Malaysia three hundred and sixty-five persons of the total market value of 12 billion won; and (c) did not report to the customs office.

Damond is currently under the custody of the customs office, and it can be found from the point of view of tax only.

20 million won.