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(영문) 서울중앙지방법원 2014.10.29 2014고단3999
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant is an applicant for compensation, who is an applicant for compensation, 58 million won or more.

Reasons

Punishment of the crime

On November 8, 2006, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Northern District Court. On October 18, 2007, the Defendant was released on August 14, 2009, and the remaining term of imprisonment was expired on February 7, 2010.

1. Fraud to victims E;

A. The Defendant, on August 23, 2012, was transferred from a division located in Songpa-gu Seoul Metropolitan Government F to the victim E (hereinafter “the victim is entitled to gain a large amount of profit if he/she has invested in the S&C stocks contracted by a famous artist”; KRW 5 million has been transferred from the victim to the account in the name of H, the Defendant’s living together on the same day; and on October 12, 201 of the same year, the victim collected KRW 10 million from the victim, “Finally, EM C&C stocks are recruited, and the principal is guaranteed; KRW 3 million has been transferred from the victim to the above account on the same day.”

However, at the time, the defendant was planned to receive money from the victim to use it for other purposes, and even if he received money from the victim as the fund for investment in the EM C&C stocks, he did not have any intent or ability to pay it.

Accordingly, the defendant acquired money of eight million won from the victim.

B. On October 26, 2012, Defendant 50 million won, as the borrowed money for “I”, was remitted from the victim to the above account on or around October 26, 2012, to the victim: “I’s J, a company producing enzyme products, has not been supplied to the victim because there was no salking for having been ordered by the president of I, a company producing enzyme products. If 50 million won is lent, 2.5 million won shall be paid with the prior interest and repaid after one month.” The victim was remitted from the victim on the same day, and 30 million won was remitted from the victim on the 29th day of the same month.

However, even if the Defendant received KRW 50 million from the victim, the Defendant did not have the intention to lend it to theJ. Since there was no particular property or monthly income from the Defendant, the Defendant borrowed from the victim 5.

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