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(영문) 의정부지방법원 2017.06.22 2017고합13
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court on May 7, 2015, and completed the execution of the sentence at the Sungdong detention center on December 9, 2015. On April 14, 2017, the Seoul Eastern District Court sentenced the Defendant to two years of suspended sentence for one year of imprisonment for fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on April 22, 2017.

【Defendant - Defendant - around January 2016, 201: (a) received a request from the victim E to offer funds necessary to purchase gold bars, which are a specific object, at low prices; and (b) received a request from the victim E to introduce F.

When the Defendant borrowed 1.5 billion won from F on February 1, 2016, under the pretext that the victim would buy 300 gold bars, and subsequently was unable to purchase gold bars due to no gold trading, the Defendant: (a) despite having no intent or ability to repay the gold to F even if the victim received money from the victim, the Defendant, on February 2, 2016, stated that “If the victim sent the victim to a post office account in the name of the post office within 390 million won, it shall be kept once, and later, it shall be paid to F along with the remaining money,” and that the victim wired the victim to the post office account in the name of the Defendant on the same day, whichever is 390 million won.

On February 4, 2016, the Defendant continued to receive KRW 110,000,000,000,000,000,000 from the Plaintiff, on the new bank parking lot near the Gyeonggi-si, 25-3 Gwangju metropolitan bus terminal, stating that “The Defendant would have the victim make payment of the remainder of the money received from F, take notes from F, take responsibility, and repay the remainder, by finding the remainder to F,” and that this shall be paid to the victim, i.e., KRW 11,00,00,000,000,000,000,000 won, including the 10,000,000 won check at the seat, and then, 5,000,000 won self check at the seat of the victim, 5,000,000 won, and then, 100,000 won, 100,000 won check at the new bank account designated by F.

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