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(영문) 서울동부지방법원 2018.01.31 2016고단4310
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On October 23, 2012, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Eastern District Court, and was released on February 28, 2014 during the execution of the sentence, and the parole period expires on June 27, 2014. On April 1, 2015, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment for the same crime at the same court.

9. The above judgment became final and conclusive.

[Criminal facts]

1. On November 2014, the Defendant against the victim C was in the office of the victim C in Songpa-gu Seoul Metropolitan Government around November 201, and the victim C purchased a vehicle with a mortgage on a fixed-line casino and operated by the victim C as an affiliated business with the FJ trading market in E.

If an investment of KRW 30 million is made, a motor vehicle will be purchased and sold to F, and 10% of the investment amount will be paid for each purchase.

The right to collateral security of KRW 36 million will be set up in the gas station located in G in the state of leisure in Gyeonggi-do, which is owned by our company.

The phrase “ makes a false statement.”

However, on April 2009, the Defendant was declared bankrupt by the Seoul Central District Court and did not have any other self-sufficiency, but did not have a gas station. It is not practically possible to give 10% of the investment amount to each oil, and even if receiving 30 million won from the injured party, there was no intent or ability to pay the profits, etc. within a given period.

Around November 14, 2014, the Defendant, by deceiving the victim, received a total of KRW 30 million, including KRW 15 million from the Saemaul Treasury account in the name of the Defendant, and KRW 15 million around the 19th day of the same month, from the victim, and acquired it by deception.

2. On November 2014, the Defendant’s fraud against the Victim H calls to the Victim H at an influence place and gives the Victim H a profit of 10% per week when investing to B.

The phrase “ makes a false statement.”

However, as above, the Defendant did not have any other financial resources, and it is not practically possible to grant 10% of the investment funds to each person, thereby making an investment from the victimized person.

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