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(영문) 서울중앙지방법원 2016.11.17 2016고합478
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

1. The defendant's sole criminal conduct;

A. The Defendant introduced, upon introduction by C around early 2012, the Defendant: “A” to the effect that “A is mainly engaged in finance and M&A with a lifelong gold bars as a security upon receiving a permit from the F President (“B”) to donate property and trade gold bars.” On February 28, 2013, the Defendant stated to the effect that “I will pay a monetary reward if I will make a loan to the victim.” However, in fact, the Defendant did not use money even if I borrowed money from the victim, and did not have any intent or ability to reduce the monetary reward.” However, the Defendant received money from the victim under the name of “I will pay a monetary reward if I will make a loan of KRW 10 million.” On February 28, 2013, the Defendant received money from the Defendant under the name of H bank under the name of 200,000,000 won under the name of the victim and received money from the Defendant under the name of 205,000,000 won.”

However, the defendant did not manage underground funds, and he did not have any intention or ability to repay the debt amounting to KRW 300 million, even if he did not borrow money from the victim because there was no other property or income.

Nevertheless, the Defendant received 25 million won from the victim to the new bank account in the G name on the same day as the loan money.

Accordingly, the defendant was given property by deceiving the victim.

(b).

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