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(영문) 서울남부지방법원 2017.01.24 2016고단3739
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court on September 5, 2013, and the execution of the sentence was terminated at the original prison on November 22, 2014. On July 21, 2016, Seoul Southern District Court sentenced one year and six months of imprisonment for fraud, etc., and the said judgment became final and conclusive on November 4, 2016.

【Criminal facts】 On April 2016, 2016, the Defendant made a false statement to the victim D’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul), stating that “The Victim E, who was retired from Nonghyup, had talked with the victim and registered as a disabled person, would have the victim receive KRW 1.5 million of basic living cost, and the fee and expense for the victim.”

However, the defendant, however, did not have the ability or will to have the victim receive the basic living cost, even if he received the money from the injured party, by deceiving the injured party to take the virtual figures called "E" by deceiving him.

As such, the Defendant, by deceiving the victim and deceiving the victim, through the post office account under the name of the Defendant on May 2, 2016, by fraud of KRW 200,000,000 around the 11th of the same month, KRW 6,50,000 around the 13th of the same month, and KRW 1,000,000 around the 16th of the same month, respectively, on a total of six occasions, such as receiving KRW 2,850,00 from the victim.

"2016 Highest 3929"

1. On May 12, 2016, the Defendant entered into a contract to lend H and CBR125 Oba in an amount equivalent to KRW 3.9 million at the market price from 3.9 million to 12:00 on May 13, 2016, at around 12:57, the Defendant: (a) entered into a contract to lend Obaba in Seoul Special Metropolitan City, Nowon-gu F and 103, the victim G from 103 to 12:00,000; and (b) received the above Obaba.

In accordance with the above lending contract, the Defendant refused the return without justifiable grounds even though he received a request from the injured party on May 13, 2016 to return the Oral Ba, while keeping the said Oral Ba for the injured party under the above lending contract.

This is the defendant.

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