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(영문) 서울중앙지방법원 2014.08.27 2013고단5870

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal career] On January 28, 2004, the Defendant was sentenced to 7 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) at the Seoul Central District Court on November 4, 2010, and completed the execution of the said sentence at the Ganbuk Vocational Training Prison

【Criminal Facts】

1. Around March 25, 2013, the Defendant: (a) concluded a contract with the victim’s office located in Gangnam-gu Seoul Metropolitan Government Party B to purchase 4,800 shares of the E and the Sypt Co., Ltd. (hereinafter “Sypt”) (hereinafter “Sypt”); and (b) concluded that the Defendant would receive 4,800 shares of Sypt from April 3, 2013 to April 09:0; and (c) paid the purchase price.

However, in fact, the Defendant did not have any intention or ability to receive 4,800 shares of Sypt, even if the Defendant received the purchase price of shares from the victim because it did not have concluded a contract with E to purchase shares of Sypt, and it was intended to use the purchase price of shares received from the victim for personal debt repayment and living expenses.

On March 25, 2013, the Defendant received 6,220,000 won in the name of purchase price from a national bank account in the name of F (G) around March 25, 2013, and 24,836,000 won in the same name on April 2, 2013, and received 31,056,000 won in total two times in total.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. On March 22, 2013, the Defendant stated that “The Defendant would pay the victim the purchase price for the 1,200 shares of Sapt 3 in the course of telephone conversations with the victim H at an insular place.”

However, the defendant did not have the intention or ability to purchase the victim's 1,200 shares of Shoft for the same reason as the statement in paragraph 1.