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(영문) 수원지방법원 안양지원 2019.06.05 2019고합13

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 power] On December 14, 2015, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at Suwon District Court, and the judgment became final and conclusive on December 22, 2015. On June 7, 2018, the Seoul High Court sentenced 4 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court, which became final and conclusive on October 4, 2018, and on May 9, 2019, the judgment became final and conclusive on May 17, 2019 after having been sentenced to 2 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

【Criminal Facts】

On March 5, 2015, at around 17:00, the Defendant may discount B and the victim C at the coffee shop near the border distance in Gangnam-gu Seoul, Seoul, Seoul, at KRW 2 billion. There is land secured by a person known within the Republic of Korea. The Defendant may request an electronic bill to be offered as security and discounted.” On March 6, 2015, at the coffee shop near the border distance, B and the victim are 1 billion won out of the day and the remaining one billion won should be paid before the due date.

However, in fact, the Defendant received an electronic bill from the victim, and made E re-endorse and transfer it to E, and made E be used for the acquisition of the “F” company using the electronic bill. On the other hand, if E success in F acceptance, the Defendant was to obtain F shares in return and did not secure real estate to be used to discount the discount of the electronic bill, and did not have the intent or ability to pay the discount of the electronic bill on the agreed date.

Ultimately, the Defendant deceivings the victim as above and caused the victim to do so to the account of the State (State)G operated by the said B. 2 billion won.