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(영문) 인천지방법원 2018.02.08 2016고단2290

사기

Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two years for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On July 9, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the District Court for the purpose of fraud, and the above judgment became final and conclusive on August 1, 2014.

1. On July 2012, the victim C is entitled to receive premium from “F” in front of the apartment unit E, Goyang-si around 2012, and from “Seoul Songpa-gu G is constructed and the contract for sale is concluded, the victim C may receive premium prior to the registration.

The profit of KRW 4,500-5,000 will be expected, but investment will be made in the sale tickets.

The phrase “ makes a false statement.”

However, the Defendant had a debt of KRW 2,000 to KRW 30 million at the time of receiving an investment from the injured party, and the said G-sale project did not have an intent or ability to pay the profits to the injured party due to an influent circumstance as the implementing company has not concluded a construction contract.

The Defendant, as seen above, by deceiving the victim, received the total sum of KRW 26 million from the victim on September 3, 2012 to the corporate bank account in H, including KRW 1 million around September 25, 2012, and KRW 27 million around September 25, 2012.

2. The victim D Defendant at the J Office located in Goyang-si, Goyang-si around August 2012, 2012, and the victim D made an investment in the sale of G sale in Songpa-gu Seoul Metropolitan Government.

If investment is made, it will be refunded to more than two times within three to six months after the resale of the right to sell in lots.

The phrase “ makes a false statement.”

However, the Defendant had a debt of KRW 2,000 to KRW 30 million at the time of receiving an investment from the injured party, and the said G-sale project did not have an intent or ability to pay the profits to the injured party due to an influent circumstance as the implementing company has not concluded a construction contract.

Around August 17, 2012, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the victim to the national bank account in the name of K from around August 17, 2012; and (c) received the remittance of KRW 39,305,800 in total from the victim by the same method via the same 15 times from January 29, 2013, as shown in the list of crimes in attached Table 1.

3. The victim;