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(영문) 서울북부지방법원 2015.02.05 2014고단3810

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. "2014 Highest 3810";

A. On February 2013, the Defendant: (a) received money from the victim D to a hospital waiting room in Nam-gu Incheon Metropolitan City; (b) in fact, it did not think that it will be used for the above businesses, such as hospital deposit, etc.; and (c) was planned to use the money for personal purposes, such as repayment of the Defendant’s personal debt; and (d) at the time, the Defendant did not have the intent or ability to return the said money again; (b) was able to compensate the victim for the said money; and (c) was able to run a drug wholesale business. To deliver drugs, the Defendant would have the right to receive money from the hospital. To deliver the drugs, the Defendant was transferred from the victim under the false statement to the new bank account in the name of the Defendant on February 22, 2013, under the name of its partner such as hospital deposit, etc. for the wholesale business.

The defendant, from that time to that time,

4. Until September 29, 200,000 won in total 26 times as shown in the annexed list of crimes was delivered from the victim.

B. On June 15, 2005, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court on March 15, 2005 and completed the execution of the sentence in the medical prison on October 22, 2007.

On June 17, 2008, the Defendant was trying to recover KRW 100 million of the investment money that the victim E had not been returned from F and G at the office of real estate brokerage located in Seodaemun-gu Seoul, Jung-gu, Seoul. Around June 17, 2008. In fact, the Defendant did not have any intent or ability to recover the said investment money to the victim, such as there was no plan to use the said investment money as acquisition expenses, etc. for the recovery of the said investment money, and thus, the Defendant did not have any intent or ability to recover the said investment money from F and G.