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(영문) 서울중앙지방법원 2020.05.14 2018고단5932
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On October 7, 2015, the Defendant was sentenced to two months of imprisonment and ten months of imprisonment for fraud at the Seoul Central District Court (Seoul Central District Court). On May 14, 2016, the Seoul Central District Court terminated the enforcement of the sentence. On January 31, 2018, the Defendant was sentenced to eight months of imprisonment for fraud in the Incheon District Court’s Vice Branch Branch Branch, and the judgment became final and conclusive on August 7, 2018.

【Criminal Facts】

1. Around December 2016, the Defendant knew of the fact that the victim B did not receive a return of KRW 40,000,000,000,000,000,0000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

However, in fact, the Defendant did not own property in his name and did not have any specific plan or method to prepare funds required for the construction of the camping ground because there was no certain income. Therefore, even if the Defendant received money from the victim in lieu of money, there was no intention or ability to carry out the construction of the camping ground, and there was no reason to use the money for local staying expenses in Thailand.

Upon the consent of the victim, the Defendant received from C, on March 2017, the delivery of 7,503,750 franchis money equivalent to KRW 7,500,000,000, from the first floor of the intercompock in Thai-gu, Thailand, Thai-si, Thailand, as the return of investment money.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant: (a) around February 3, 2017, at an infinite place located in Thailand; and (b) the said victim’s “sports business-related persons are lacking money to purchase a flight ticket while entering Thailand.” (c) In a case where a credit card number and password are known, the Defendant would have paid the money within one year after purchasing the ticket.”

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