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(영문) 서울중앙지방법원 2017.09.01 2016고단8031

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Records] On May 11, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on the 19th of the same month.

[Criminal facts] 2016 Highest 8031

1. On November 16, 2010, the Defendant, along with C, knows the victim D who owns gold bars, gold ingot currency, USD, etc. (hereinafter “specific goods”) held by the former political authority at a coffee shop located in Seongbuk-dong, Sungnam-si, Sungnam-si.

A false statement was made to the effect that 100 million won is "to bring specific goods to the country and return some of the profits from the distribution."

However, in fact, even if the defendant and C did not possess a specific object and received money from the injured party due to his/her failure to know whether he/she exists or not, he/she was issued ten copies of the 10 million won check from the injured party on the same day even though he/she did not have the intention or ability to return the specific object or profit.

Accordingly, the defendant, in collusion with C, received a total of KRW 100 million by deceiving the victim.

2. On November 22, 2010, the Defendant found at the victim D’s house located in Namyang-si, Namyang-si, the Defendant concluded that “The Defendant borrowed KRW 10 million from the expenses that need additional funds to bring a specific object.” The Defendant would promptly complete the business of a specific object within 1-2 day and pay the money.”

However, the defendant was not aware of the existence of a specific object as stated in paragraph 1, and even if he borrowed money from the injured party, he did not have an intention or ability to repay the money in accordance with the agreement.

The defendant deceivings the victim as above and was transferred KRW 10 million to the corporate bank account in the name of F.

3. On December 1, 2010, the Defendant, together with C, may bring a specific thing on the victim D at a coffee shop located in 2-dong, Jung-gu, Seoul, Seoul, with C.

It is called that the work will take over a specific object if it takes place at the end of the work.