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(영문) 인천지방법원 2020.04.28 2019고합325
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

[Defendant A] Imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced by the Seoul High Court on September 25, 2015 to imprisonment with prison labor for three years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on November 26, 2015, and the judgment was finalized on December 24, 2017.

Defendant

B On January 6, 2011, after being sentenced to two years of the suspension of the execution of imprisonment with prison labor for six months at the Busan District Court on January 14, 201, the judgment was finalized on January 14, 201, and on January 19, 2012, the Seoul High Court sentenced five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court on January 19, 2012,

【Criminal Facts】

1. [2019Gohap325] The Defendants conspired to commit a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to acquire money from the victim C and the victim under the pretext that they would give a large amount of investment profit if they invest money in the gas station business against the victim C and the victim. Defendant A plays the role of inducing the victim, etc., and Defendant B shared the duty to act as a petroleum distribution and sales expert in the amount of six gas stations business.

According to the above public offering, the Defendants made a false statement that Defendant A had been engaged in the activities of the victim and the office where Defendant A prepared for the business of the victim and D located in Ildong-gu, Youngdong-gu, 2009. The Defendants made a false statement that Defendant A had a large amount of profits by purchasing and selling petroleum much more than the market price in the possession and operation of several gas stations. Defendant B performed a petroleum expert act against the victim around that time.

However, the Defendants did not have the intent or ability to repay the principal or pay the profit even if they received the investment money from the victim.

Nevertheless, the Defendants conspired to induce the victim, and thereby deceiving the victim, the Defendants up to 87,60,000 won from the victim around May 8, 2009.

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