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(영문) 의정부지방법원 2017.04.21 2017고단68

사기

Text

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

Reasons

Punishment of the crime

On December 6, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court (Seoul Central District Court), and on October 28, 2013, the parole period expired on January 27, 2014, when the sentence was executed in a female prison.

Criminal facts

"2017 Highest 68"

1. On April 2014, the Defendant: (a) in a place where a police officer was not a police officer; (b) through C, the victim D through “IER is the head E, and E is a non-funded share of KRW 10 billion in the number of SK gift certificates.

A false statement was made that the par value of KRW 50,000 merchandise coupons 1 shall be sold in KRW 35,000, and the purchase price for merchandise coupons shall be changed.

However, in fact, the defendant was not the E-Gun, and the defendant did not hold the SK's liquor gift certificates as a non-financial expense and did not have the intent or ability to pay merchandise coupons even if he was paid the price.

Nevertheless, the Defendant, as above, received 59,800,000 won from the injured party through C on April 26, 2016 and acquired it by fraud.

2. On April 2014, the Defendant made a false statement to the victim F, stating, “The Defendant would sell KRW 50,000 worth KRW 37,00, because the Plaintiff would sell KRW 50,000 at a face value because the Plaintiff would have sold KRW 50,000, because the Plaintiff would have been infinite E with a non capital,” to the victim F.

However, as above, the defendant was not E, and the defendant did not hold SK's liquor gift certificates with non-funds, and even if he received the price of merchandise coupons, he did not have an intention or ability to pay merchandise coupons.

Nevertheless, Defendant 1 received 18,500,000 won from the injured party’s new bank account in the name of G on May 3, 2014. At that time, Defendant 2 received 33,300,000 won through H and acquired 51,80,000 won in total.

"2017 Highest 337"

1. On April 2015, the Defendant against the victim I was the father of the victim at the K Office in the operation of the victim I, which is located in the Hasan-siJ on April 2015.