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(영문) 서울중앙지방법원 2017.05.18 2016고단5166
사기등
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 94,900,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to imprisonment with prison labor for two years at the Seoul Central District Court for fraud, etc., and the said judgment became final and conclusive on October 12, 2016.

"2016 Highest 5166"

1. On November 3, 2015, the victim C, the Defendant, at the office of (ju) E operated by the Defendant located in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government D and 403, reads to the victim C, “10,000 won is ordered to pay 7,500,000 won as profits, along with the principal until November 28, 2015, when investing 21,200,000 won,” and received KRW 21,20,000,000 from the national bank account (F) in the name of the victim, as shown in the attached Table of Crimes (1) and received KRW 6 times in total from the victim.

In this fact, the Defendant did not have received Nice orders from a non-school tenant, and the money issued by the victim was planned to use the money to repay the Defendant’s existing obligations, and there was no intention or ability to pay the principal and the profits to the victim as there was no particular property or income.

As a result, the Defendant was given KRW 94.9 million by deceiving the victim.

2. Victims G;

A. A. On June 25, 2015, the fraud Defendant received KRW 25 million from the victim’s bank account in the name of the Korean National Bank as set forth in paragraph (1) of the attached Table 1, with the purport that “The Defendant would import and supply the female clothes to the victim who takes advantage of the revenue of this money,” from the victim’s I office operated by Seongbuk-gu Seoul Metropolitan Government H and 501 (State) and received a total of KRW 8,169,000 from the victim nine times as shown in the attached Table 2 of the crime list.

The facts are that the Defendant did not have the intent or ability to import female clothes and supply them, and the Defendant was planned to use the money issued by the victim for the repayment of the Defendant’s debt, and even if he borrowed money from the victim.

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