logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원장흥지원 2020.10.20 2020고합13
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 4, 2014, the Defendant was sentenced to one year and eight months of imprisonment for a crime of fraud, etc. at the Ulsan District Court, and the parole period was expired on December 24, 2015 during the execution of the sentence, and the parole period was expired on February 24, 2015. On January 23, 2019, the Defendant was sentenced to four years and two months of imprisonment for a crime of fraud at the Incheon District Court, and the said judgment became final and conclusive on the 24th of the same month.

In May 2015, the Defendant stated that “The victim E, a wife of the Defendant’s husband and a person with ex post facto marital relationship D within the territory of Cheongju-si, a reasonable area of Cheongju-si, Cheongju-si, 2015, “If the F company has a head of a department who knows in the F company, he/she may purchase G apartment at the share of the executive possession, because he/she can purchase the apartment at the share of the executive possession.”

However, the defendant did not think that all of the money received from the victim will be used for the purchase of real estate sales right, and even if he received the investment money, he did not have the victim's intent or ability to obtain the low price of G apartment sales right.

Nevertheless, around May 15, 2015, the Defendant, by deceiving the victim, received KRW 9 million from the victim under the name of the purchase price for the right to sell G apartment units, as well as transferred KRW 55,520,000 in total over 34 times from the date of the occurrence to November 8, 2017, as shown in Attached 1 List 1.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Since the victim is the same and there is no big difference in the method of crime, it shall be regarded as one crime comprehensively even if the content of deception is somewhat different.

The same shall also apply to the crime of fraud against the victim H, 2020 Gohap14

around December 2015, the Defendant stated, “Around December 2015, the household must be set up at the head office, and the money is urgently needed. The interior work cost is also required.”

However, the defendant lending money from the victim to another creditor of the defendant who is not the purpose of business fund.

arrow