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(영문) 서울중앙지방법원 2015.10.15 2014고단4390
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

[criminal power] On August 16, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for perjury at the Seoul Central District Court for a period of ten months, and the judgment became final and conclusive on December 27, 2012. On March 27, 2014, the Seoul Central District Court sentenced one year of suspension of execution to four months of imprisonment with prison labor for the purpose of aiding and abetting fraud, and the judgment became final and conclusive on June 27, 2014.

【Criminal Facts】

1. On February 18, 2009, the Defendant: “D” located in Gwanak-gu in Gwanak-gu in Seoul Special Metropolitan City, stating that “A victim E (hereinafter “D”) shall install water tanks to conduct the import business of fishery products, and if the funds are insufficient to lend KRW 20,000,000,000, monthly interest shall be paid and repaid until May 30, 2009.”

However, there is no intention or ability to pay the principal and interest in time even if it is borrowed money from the victim because it is registered as the bad credit holder at the time, and there is little fixed income in financial condition.

As such, the Defendant, by deceiving the victim as such, received 20 million won from the victim as the borrowed money in the same place, and acquired it by fraud.

2. Around May 3, 2009, the Defendant: “F” located in Gwanak-gu in Seoul Special Metropolitan City(Seoul Special Metropolitan City) stated that “The Defendant would pay the principal and profits remaining with the income of fishery products if he/she operates a business by investing KRW 50 million as business funds are required in order to set up an office in which he/she imports Chinese fishery products in a fixed manner and import and sell fishery products.”

However, in fact, under the circumstances where there is no financial capacity such as the above 1. paragraph, the fishery products purchase fund has been promoted because it is believed only the end of G that there is legal interest in the purchase of fishery products and promoted the import business of fishery products.

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