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(영문) 서울북부지방법원 2016.10.28 2016고단2127
사기
Text

In 4 months of imprisonment with prison labor for the crime No. 1 (the fraud against Victim C), the victim of the crime No. 2 of the ruling is D.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for two years and six months and four years of suspension of execution on August 29, 2013 with prison labor for a crime of violation of the Act on the Punishment, etc. of Sexual Crimes (special quasi-rape) in the branch court of Suwon District Court. The same

9.6 The judgment became final and conclusive.

【Criminal Facts】

The defendant is deaf-mutes.

"2016 Highest 2127"

1. On March 6, 2013, the Defendant against the victim C obtained profits from the Victim C’s “Fju” in the “Fju” located in Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, by means of the Victim C’s Business and Security Loans, and from the exchange marginal profits on Japan’s United Nations. (b) If the Defendant invested KRW 20 million in the amount of KRW 20 million, the Defendant provided that he would return the principal after the sixth of each month and one year thereafter.

However, on March 2012, the Defendant had already failed to comply with the promise to receive the vehicle by stipulating that the Defendant would sell the vehicle by purchasing and transferring the vehicle from G and H and pay the vehicle installments at the time. The Defendant was in a bad credit position at the time. Since the Defendant’s siren business was a business method prohibited by the Act to lend a general car, there was no intention or ability to return the principal by paying the agreed profit even if he received the investment money from the victim.

Nevertheless, the Defendant, as above, received KRW 20 million from the Defendant’s bank account (Account Number J) in the name of the Defendant’s wife, under the same day of investment from the victim.

"2016 Highest 3189"

2. Around February 6, 2015, the criminal defendant against the victim D made a false statement to the victim D at the defendant's house located in Seongbuk-gu Seoul building 301, Seongbuk-gu Seoul Building 301, stating that "All kinds of funeral services are provided, house, and 50 vehicle on the roadway are transferred to B, if he/she disposes of Lbenz 20CGI car, which he/she holds. It is sold at KRW 29 million and will pay the price."

However, the defendant is in bad faith at the time.

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