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(영문) 서울서부지방법원 2019.09.19 2019고단1766

사기

Text

[Defendant A] The crime provided for in paragraph (1) of this Article shall be punished by imprisonment with prison labor for not less than ten months and the crime provided for in paragraph (2).

Reasons

Criminal facts

[Criminal Power] On December 8, 2017, Defendant A was sentenced to a suspended sentence of 8 months for fraud at the Seoul Western District Court on December 8, 2017 and the judgment became final and conclusive on December 16, 2017.

【Criminal Facts】

1. From around 2009, Defendant A made a false statement against the victims of the aged who had no certain income and made it difficult for them to raise funds for living expenses, etc., in his mother’s name, on the I bank, that there was funds of KRW C,000,000,000 for the former president, and subsequently acquired money under the name of the Defendant’s mother.

Accordingly, from the end of 2009 to the end of 2010, the Defendant made a false statement to the victim E through F, which is located in the victim E's landscaping office located in the Busan Dong-gu, Busan, to the victim E, stating that the Defendant would offer twice the funds of the former president C to the G and I bank account.

In fact, however, the mother of the defendant did not have any funds under the name of the defendant, and the defendant thought to use them as living expenses, etc. with money from the victim, and there was no intention or ability to pay twice the expenses to the victim.

As such, on June 3, 2010, the Defendant, by deceiving the victim, received 15 million won from the victim to the J bank account (K) account under the name of the Defendant, and acquired it by defrauding it, and from then on December 26, 2015, acquired 102,200,000 won from the total three victims, such as the statement in (1) of the crime list.

2. The Defendants, in early 2016, conspired to acquire funds as the expenses for withdrawal of the funds, by making a false statement as if there were the Switzerland funds of the past regime in the name of the proprietor with managerial difficulties in the business management of B and the mother of Defendant A.

Accordingly, in early 2016, the Defendants are in Switzerland to make the nuclear weapons from the control points located in Gangdong-gu Seoul Metropolitan Government L with the victim N in order to create the nuclear weapons.