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(영문) 서울남부지방법원 2020.02.05 2019고단3321
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On September 5, 2014, the Defendant was sentenced to three years of imprisonment with prison labor at Seoul High Court for fraud, etc., and completed the enforcement of the said sentence on September 6, 2016. On October 25, 2019, the Seoul Central District Court sentenced four months of imprisonment with prison labor for fraud at the Seoul Central District Court, which became final and conclusive on January 2, 2020.

【Criminal Facts】

1. On May 2017, the Defendant: (a) at the point of “C” near the Geumcheon-gu Seoul Metropolitan Government B market in Seocho-gu, Geumcheon-gu, Seoul, the Defendant: (b) was the victim D with a check of KRW 50 billion issued by the Chairperson of the F Group G G G issued by the E Association; (c) there is a need for funds to recover said money; (d) this is nothing more than H intervention; and (e) this is nothing more than that of H intervention; and (e) the Defendant would have fully repaid the amount of KRW 300 million with the loan extended in 2009.

However, in fact, the Defendant did not have a 50 billion won fake check of the F Group G president, and there was no plan to encash the said check, and the Defendant intended to use the money received from the victim as revenue sources because it was difficult to operate the active revenue sales business at the time due to the impossibility of doing so, and even if the Defendant borrowed money from the victim, he did not have any intent or ability to repay the money.

On May 9, 2017, the Defendant, by deceiving the victim as above, received 4 million won from the victim to the post office account (I) in the name of the Defendant from the victim, and acquired it by remittance as the borrowed money.

2. On July 2018, the Defendant committed the crime of defraudation of KRW 30 million: (a) phone calls from the victim described in the preceding paragraph, and (b) “I want to lend money only KRW 30 million to the victim of the religious organization because it is necessary to find the funds in his/her country while having knowledge of the amount of KRW 30 million for the purpose of finding the funds in his/her own country; and (c) I want to fully repay the money before resolving this day.”

However, in fact, the above defendant did not have to find the above funds because there was no amount of money to cover the expenses of the J-M religious organization, and the defendant used the funds received from the victim as revenue.

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