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(영문) 서울중앙지방법원 2017.05.11 2017고단818

사기등

Text

The defendant shall be sentenced to three months of imprisonment with prison labor for each crime of No. 1 or No. 27 of the annexed crime list 1 of the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On January 19, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court on April 3, 2015, and the said judgment became final and conclusive on April 3, 2015, and paroled on April 29, 2016 during the execution of the sentence and passed on July 18, 2016.

[1] Criminal facts 1. The Defendant of the 2017 Highest 818 [2017 Highest 818] around August 2013, at the D Public Notice Hostel located in Gangnam-gu Seoul Metropolitan Government C, “A victim E is a bad credit holder who wishes to take over and operate a public Notice Board and has no money.

Of the heads of the branches of the Bank, they made a false statement to the effect that if a person who is a child pays KRW 10 million among the heads of the branches of the Bank, he/she may obtain a loan of KRW 130 million due to a rise in credit rating.

However, the defendant had no intention or ability to pay the money even if he received the money from the injured party, and had the intent to use the money as living expenses, hospital expenses, or gambling funds rather than operating the notified telecom.

Nevertheless, the Defendant, as seen above, received KRW 2 million from the victim by deceiving the victim and deceiving him from the victim to the account of KEB (G) bank in the name of F on August 12, 2013, and then transferred KRW 195,790,000 over 57 times in total from around that time to November 28, 2016, as shown in the list of crimes in the separate sheet of crimes.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

2. On November 22, 2016, the Defendant received KRW 2,00,00 from the Victim H as a repayment of the obligation. However, it was well known that the victimized person ought to return KRW 14,010,000,000, excluding KRW 4,000,000,000, excluding KRW 20,01,000,000,000 from the bank account in the name of repayment and the date of repayment by mistake.

Nevertheless, the defendant 14,010,000 won.