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(영문) 서울남부지방법원 2019.09.06 2018고합547

특정경제범죄가중처벌등에관한법률위반(사기)

Text

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

Reasons

Punishment of the crime

Criminal facts are recognized by modifying facts charged to the extent that it does not infringe on the defendant's right of defense.

On June 24, 2016, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court on December 29, 2016, and the judgment became final and conclusive on December 29, 2016. On April 13, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in the above court and became final and conclusive on April 21, 2017.

The Defendant, as the representative director of the Dispute Resolution Co., Ltd., was unable to repay the amount equivalent to KRW 41 million to the victim C. On April 25, 2014, the Defendant called the victim in the Democratic Republic of Congo, “A 10km from a person who is in the Democratic Republic of Congo to be in credit,” and transferred the amount of KRW 16.5 million from a person who is in the Republic of Congo to Kenya. The cost of taxes and documents is required to be transferred to Korea, and the amount of 16.5 million won is required to be transferred to Korea, and the interest of KRW 10-20% is paid, along with the existing debt.” The Defendant made a false statement to the effect that, in relation to the construction work carried out with D, there is only a sum that has to be received from the Government of the Congo.”

However, the defendant did not have secured 10 km or 112 km in the Democratic Republic of the Congo, and there was no intention or ability to repay the borrowed money.

On April 29, 2014, the Defendant, through the National Bank account in the name of the Defendant’s wife F, who is an employee of the Defendant, by deceiving the victim as to the need to pay money under the name of the victim, such as the receipt of KRW 16.5 million through the bank account in the name of the Defendant’s wife F, and the acquisition of various taxes and documents necessary for gold revenues in the African region, as described in the attached Table of Crimes List (1) and the cost of leasing money from the two parts to the Republic of Korea. The Defendant, as described in the attached Table of Crimes List of (2), by deceiving the victim to take money from April 29, 2014 to August 18, 2014, acquired KRW 800,600,000 in total, as shown in the attached Table of Crimes List of Korea.

Summary of Evidence

1. Partial statement of the defendant and witness E;

1. C’s legal statement;

1. Each police officer against the defendant.