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(영문) 서울동부지방법원 2017.10.13 2017고단2380

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal records] On June 18, 2009, the Defendant was sentenced to one year and six months of imprisonment for habitual fraud, etc. at the Seoul Central District Court, and the execution of the sentence was terminated at the Daegu Prison on October 13, 2010. On May 11, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court for fraud and the judgment became final and conclusive on the same day.

[Criminal facts]

1. [Attachment 2017 Highest 2380] The Defendant shall be the inspector of the Incheon District Public Prosecutor's Office to the victim C by telephone at a non-police place on February 2014, and

In a case where 5,00,000 won is invested in a restaurant for employees within the Incheon Local Public Prosecutor's Office, it was false to the effect that 9,150,000 won will be paid in total including the principal and earnings of 4,150,000 won at the end of each year.

However, the defendant was not a prosecutor, and there was no intention or ability to pay the principal and the profits to the victim by investing in the employee restaurant of the Incheon District Public Prosecutor's Office.

Around February 18, 2014, the Defendant received 5,000,000 won from the damaged person to the agricultural bank account in the name of the Defendant and acquired it by money, and from that time, acquired the total amount of KRW 28,70,691 from the damaged person, such as stated in attached Table (i) from September 2, 2016.

2. [Attachment 2017 Highest 3092] The Defendant conspireds with the victim D from around 2011 to April 2017, that the victim himself/herself was the prosecutor, and he/she has the amount of 3 billion to 5 billion won.

It is that E, which was known from around 2011, is a prosecutor, and E, will be able to find employment in the Constitutional Court.

A member is a member.

A. The Defendant, under the pretext of the Defendant’s investment in a store business run at the prosecution, was in the form of fraud against the victim D (the age of 48) (i.e., the Defendant was in the process of joining the victim with the victim from around 2011 to April 2017, and was in the process of serving as the prosecutor

On October 20, 2011, the Defendant, at the second floor of G cafeteria in Seongbuk-gu Seoul Metropolitan Government, said that “When investing in the prosecution shop business, the Defendant would give profits after three years to the victim.” This belongs to the Defendant.