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(영문) 서울동부지방법원 2015.07.15 2014고단2943

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On April 14, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Seoul Central District Court for six months, August 11, 2011, and on February 3, 2012 at the same court, the Defendant was sentenced to imprisonment with prison labor for a crime of offering of bribe, etc. at the same court. On December 18, 2012, the Defendant completed the execution of the final sentence in the Seoul Southern Prison.

【Criminal Facts】

Around August 2013, the Defendant made a false statement to the victim E at the D office located in the fifth floor of Seongdong-gu Seoul Metropolitan Government, stating that “A victim E has a friendly person in the LH Corporation, and investing KRW 24 million in the investment of KRW 24 million, the Defendant would buy a house located in the valley area in the construction in the LH as a tea and resell the house under the construction in the name of a tea, and then would give KRW 80 million as investment proceeds, etc.

However, in fact, the defendant did not have any relation to the sale of a house in the valley area, and was thought to use the investment money received from the victim as the office expenses and operating expenses, so the victim did not have the intent or ability to pay the return on investment to the victim.

As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the foreign exchange bank account in the name of the Defendant, the sum of KRW 10 million on September 3, 2013, KRW 10 million on September 4, 2013, KRW 24 million on September 5, 2013, and KRW 4 million on September 5, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of investment in the resale of Bogeumjari Housing units in the relevant district;

1. A statement of transfer transactions and a certificate of deposit transaction;

1. A certificate;

1. Previous records: Inquiry reports, personal identification and confinement status, investigation reports (Attachment to a copy of judgment), and the application of a copy of judgment Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act shall be the same crime.