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(영문) 서울동부지방법원 2015.09.10 2015고단820

사기

Text

Imprisonment with prison labor for the crimes of Nos. 1 and 2 in the judgment of the defendant, and for the crimes of No. 3 and No. 4 in the judgment of the defendant, one year and six months.

Reasons

Punishment of the crime

[Attachment, on December 16, 2011, the Defendant was sentenced to three years of suspended execution on two years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Eastern District Court, and the judgment became final and conclusive on December 24, 2011.

[2015 Height820]

1. On December 22, 2010, the criminal defendant with respect to the victim D (name after the name of the victim: E) stated that “If the Corporation is completed with a large amount of construction work on the boat of Gangwon-do, the victim D comes out of money. When lending money, he/she will pay a large amount of interest and repay money.”

However, the fact that the defendant did not carry out large-scale construction work on the boat, and even if he borrowed money from the victim due to no particular property or income, he did not have the intention or ability to pay the money.

The Defendant received KRW 14 million from the victim’s account in the name of the Defendant from the victim to the agricultural bank account in the name of the Defendant, from that time until July 201, and received KRW 13,565 million in total, from that time, as shown in the attached Table 1, from July 201.

2. Fraud against the victim C;

A. On July 201, the Defendant, at the end of Gangnam-gu Seoul Metropolitan Government’s residence, made a false statement that “The Defendant would settle the Promissory Notes on the face of at least 35 million won at the discount of the Promissory Notes to the victim through G, which is the mother of the female her mother, with a discount of one Promissory Notes (the Promissory Notes H and the due date, October 21, 201, the due date, and the amount of the Promissory Notes).”

However, it was known that the bill was purchased in the amount of 3 million won from the person who reported the newspaper advertisement, and that the bill would not be settled normally on the date of payment.

The Defendant received, through the above G, KRW 27.8 million from the victim’s place of payment in the bill discount.

B. On September 1, 2011, the Defendant: (a) around September 1, 201, at the victim’s residence; (b) via the said G, one bill number I and the due date.