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(영문) 대전지방법원 서산지원 2019.07.03 2019고합34
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a period of five and half years, and by imprisonment for a period of eight months.

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

[Criminal Justice] On February 8, 2011, Defendant A was sentenced to three years of imprisonment with prison labor for special larceny, etc. in the Seogsan Branch of the Daejeon District Court on February 8, 2011, and completed the execution of the sentence in the Seogsung Prison on March 17, 2013.

【Criminal Facts】

1. Defendant A

A. On February 15, 2016, the Defendant made a false statement to the effect that, “In the early Franc zone, the Defendant would purchase and enter the truck and make profits from the purchase of approximately KRW 700,000,000 per month, by leaving the vehicle into the Korea-Si Dispute Settlement Bank Co., Ltd...” The Defendant: (a) made a false statement to the effect that, “In the early Franc zone, there is a place to bring about about 7,00,000 won per month; (b) it would bring about KRW 98,00,000 for the purchase cost of the truck of KRW 25,00 per year, and KRW 45,00,000,000 for corporate exceeded expenses; and (c) continually, around February 15, 2016, the Defendant provided a false statement to the Defendant’s 25 tons of truck to purchase at the “F store” located in Si-si, Si-si, with the Defendant’s seal B.

However, in fact, the defendant thought that he would receive money from the victim and use it for an individual purpose. After purchasing a truck, he did not have the intent or ability to pay the proceeds to the victim. And the defendant introduced the victim as above to the victim B was a person who requested in advance to do so, but was not the owner of the above truck.

Nevertheless, on February 3, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 45 million from the victim to the G bank account (Account Number (H) in the name of the Defendant’s name on February 3, 2016; (c) continuously transferred KRW 43 million to the same account as the purchase cost of truck on February 15, 2016; and (d) received KRW 55 million in cash from the victim and acquired KRW 143 million in total from the victim.

B. On February 2016, the Defendant forged a private document, at the residence of the Defendant, who is in the jurisdiction of the police officer, and (1) through a computer, shall acquire the property beyond the legal entity.

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