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(영문) 서울북부지방법원 2014.11.21 2014고단916
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant, through the return of the money by fraud, 30,000 won to C who is an applicant for compensation.

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to four years of imprisonment for fraud at the Seoul Northern District Court for the same year.

8.20 The above judgment became final and conclusive.

"2014 Highest 916"

1. Around March 2013, the Defendant made a false statement to the effect that “The Victim D, operated by Seongbuk-gu Seoul Seongbuk-gu Seoul, imported heavy tobacco in South and North China, thereby obtaining the exclusive right to sell it at Korean duty-free shops. The Defendant would make an investment 2-3 times the profits from 2-3 times the investment.”

However, on March 21, 2008, the husband of the defendant was unable to return to China because he failed to perform his business in Korea and did not repay his obligation, and he was unable to return to Korea, and there was no intention or ability to reduce the profit to the victim.

As such, the Defendant, by deceiving the victim as such, received from the victim the transfer of KRW 26,00,000 on March 26, 2013, KRW 10,000 on September 24, 2013, KRW 10,000 on September 25, 2013, and KRW 50,000 on October 7, 2013, to a new bank account under the name of Dong-I.

"2014 Highest 1275"

2. Around March 21, 2008, the Defendant’s husband was unable to return to China after leaving the Republic of Korea because he failed to perform his business in Korea and did not repay his obligation, and was not selected as an excellent business operator in Korea. Thus, even if the Defendant did not receive the investment money from the victim J, the Defendant did not have the intent or ability to reduce the profit.

Around August 10, 2011, the Defendant made a false statement to the effect that “the victim is engaged in various trade in the oil business in South and North China” to the victim at the victim management room operated by the Council of the Republic of Korea-based on the first basement L, K-based around 10, 201, and that it will be double if the victim invests in the amount of KRW 20 million,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,

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