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(영문) 서울중앙지방법원 2012.12.14 2012고합1083

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On January 2, 2012, the Defendant was sentenced to two years and six months to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Central District Court on January 2, 2012 and the above judgment became final and conclusive around June 28, 2012

Criminal facts

Around September 21, 2009, the Defendant stated that, “E” stores operated by the Jongno-gu Seoul Defendant Jongno-gu Seoul Metropolitan Government Defendant “E” will return to the Victim F with the profits of KRW 300 per 1,00 per 1,000,000 per 15,000,000,000,000,000 won per 1,000,000 won per 1,00.”

However, at the time of fact, the Defendant did not have any special property other than KRW 50 million for the deposit for the deposit for the deposit for the deposit for the lease of an apartment in his residence. However, the Defendant did not have any intent or ability to return the loan even if he borrowed the loan from the victim, on the other hand, for the loan debt equivalent to KRW 80 million for G, the repayment debt equivalent to KRW 26km for H, and the repayment debt equivalent to KRW 500 million for I.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 10kg above from the victim and acquired 432 million won at the market price owned by the victim.

around September 29, 2009, the Defendant made a false statement to the victim J on the day following the day of gold 1kg at the shop operated by Jongno-gu Seoul Metropolitan Government D'E'. The Defendant made a false statement to the victim J on September 29, 2009.

However, at the time of fact, the Defendant did not have any special property other than KRW 50,000,000, but there was no intention or ability to pay the purchase price even if he received the purchase price due to the following: (a) the obligation to borrow KRW 80,000,000 from G; (b) the obligation to return KRW 26 km now to H; (c) the obligation to return the amount corresponding to KRW 20 km now to H; and (d) the obligation to return the amount corresponding to KRW 10

Nevertheless, the Defendant, by deceiving the victim as above, was issued 1kg of gold equivalent to the market price of 30,880,000 won owned by the victim by the victim.