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(영문) 청주지방법원 충주지원 2015.10.30 2015고단103

사기

Text

The defendant shall be punished by imprisonment with prison labor for not less than 3 years, 10 months, and 4 for each of the crimes set forth in paragraphs 2 through 12 and 4 of the List of Crimes in 1, 2, and 3.

Reasons

Punishment of the crime

On June 25, 2008, the Defendant was sentenced to a suspended sentence of 6 months for fraud at the District Court for the purpose of fraud. On July 10, 2009, the same court was sentenced to 8 months of imprisonment with prison labor and 2 months of imprisonment with prison labor for the same crime at the same court on July 10, 2009 and the judgment became final and conclusive on July 18, 2009, and the said suspended sentence was invalidated. On November 30, 2009 during the execution of the sentence in a governmental prison, the Defendant was released on parole on November 30, 2009 and the parole period expired

1. [2015 Highest 103] The Defendant, around September 2012, becomes aware of the victim C through the "Kakastoa", a smartphone app, and developed into a tobacco relationship.

Around May 27, 2013, the Defendant made a false statement to the effect that “Around May 27, 2013, the Defendant sent a phone to the victim to the effect that “I will live well in home and make money. D will pay interest if I lend money to D with a share investment.”

However, the defendant was thought to use money received from the victim for personal purposes such as repayment of debt.

Ultimately, the Defendant, by deceiving the victim as such, caused the victim to remit KRW 1.6 million from the victim’s account on the same day, and then withdrawn and used it by account transfer from the Defendant’s mother E’s account, thereby receiving KRW 372,50,000 in total over 24 times from around that time to January 22, 2014, as shown in the attached crime list.

2. [2015Kadan177] On September 26, 2011, the Defendant made a false statement to the victim F by phone calls from the victim F at a non-place on September 26, 2011, stating that “The Defendant would make an investment in the money that the bank would have lower the amount of the investment because it takes out a security to the amount of the investment. It would make no loss at all and 10 percent of the principal after a few months.”

However, in fact, the Defendant is casinoed with money received from the victim while he/she has been bearing the amount equivalent to KRW 40 million in corporate bonds with no certain income or property.