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(영문) 서울중앙지방법원 2016.06.17 2014고단8914
사기
Text

A person shall be punished by imprisonment with prison labor for not less than six months, or by imprisonment for not less than one year and six months with prison labor for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

[M] On November 30, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Seoul Eastern District Court on December 8, 2012, and the judgment became final and conclusive on December 8, 2012. On May 25, 2016, the Seoul Central District Court sentenced one year and six months to imprisonment for a crime of fraud at the Seoul Central District Court, and currently the appeal court (2016No 1932) is continuing.

[Criminal facts]

1. The Defendant, on April 6, 2012, ordered the victim Z (in the case of D bath located in Seocho-gu Seoul, Seocho-gu, the victim Z (in the case of 61 years of age) to operate the said bath shop around the victim Z (in the case of 2014 high group 8914)

A false statement was made.

However, the facts are as follows: “I, a female living together with the Defendant, was registered as a business proprietor by lending the name of L and operated the said bath, and I was detained on February 15, 2012 and was entrusted with the operation of the Defendant. As of February 29, 2012, the rent in arrears was 512,830,000 won, and on March 23, 2012, the Defendant did not receive money from the damaged party, even if the Defendant prepared that “I will not raise any objection, such as a short or short supply, even if he/she does not take any measure to do so,” the Defendant did not have the ability to receive money from the victimized party by March 31, 2012.”

Nevertheless, the Defendant, by deceiving the victim, received KRW 10 million from the injured party on April 6, 2012, and transferred KRW 5 million to the national bank account in the name of L on April 10, 2012, and KRW 10 million on April 20, 2012, and acquired KRW 25 million from the above bath office on April 23, 2012.

2. The Defendant committed the crime of fraud against the Victim AB (2014 high group 9326) in collusion with AC representative AD, and around January 9, 2013, the Defendant lent money to the Victim AB at the AF model lower office located on the first floor of the Gangnam-gu Seoul AE Building (Seoul) around January 9, 2013, only 150 million won as it is necessary to pay money for business.

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