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(영문) 서울남부지방법원 2017.02.10 2016고단1351

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On January 27, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Jeju District Court on June, 2016, and the said judgment became final and conclusive on February 4, 2016.

[Criminal facts]

1. The Defendant is a victim C at an influence point on March 2014, 2014 at a temporary influence, and “D staff”.

There was a person who sells a golf course membership rapidly, and such person makes a false statement that he/she will immediately send a golf course membership by remitting KRW 3,6850,000.

However, at the time, the Defendant did not secure the membership of the E golf course to sell to the victim, and the Defendant was planning to use the above money to repay the Defendant’s debt to the third party, and even if receiving 36850,000 won from the injured party, there was no intention and ability to use it as the purchase price of the above golf course membership.

Around April 15, 2014, the Defendant deceivings the victim as above and transferred KRW 36850,000 to the Saemaul Treasury account in the name of the Defendant to the victim.

2. From March 2014 to May 2015, the Defendant was in charge of the trade brokerage, etc. of golf course membership in G in Jeju F and H joint management’s “D” offices.

A. On January 1, 2015, the Defendant received an order from the victim G to sell the E golf club membership in the instant “D” office, and embezzled the membership to J around January 14, 2015, and transferred KRW 33850,000 to the Defendant’s Saemaul Treasury account in the name of the Defendant for the purpose of paying the Defendant’s obligations around that time while the Defendant was in business custody.

B. On March 4, 2015, the Defendant received an order from the victim H to mediate to purchase E golf course membership at the same place as the above A, and then purchased the golf course membership from K between March 4, 2015 and March 11, 2015.