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(영문) 서울남부지방법원 2017.04.26 2016고단5851
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Southern District Court and one year of suspended execution, and the judgment became final and conclusive on February 3, 2017.

1. The criminal defendant against the victim C by phone call to the victim C on April 2014, 201 to pay the principal to the victim C with the interest of the party 10% of the invested amount if he/she made an investment of KRW 10 million to B.

The phrase “ makes a false statement.”

However, even though there was a debt equivalent to KRW 200 million, the defendant did not have any intention or ability to pay principal and profit because he was planned to repay the debt or use it as living expenses, even if he did not receive money from the injured party due to the lack of fixed income.

Around December 19, 2015, the Defendant deceivings the victim as above and transferred KRW 10 million to a national bank account (Account Number: D) in the name of the Defendant from the damaged party, under the name of the Defendant.

2. On January 12, 2016, the criminal defendant against the victim E calls the victim E from the Buddhist land in Seoul and below Seoul around January 12, 2016 and pays off KRW 20 million as the bill issued in the name of F is not discounted.

The phrase “ makes a false statement.”

However, the facts are that the Defendant was in charge of the business affairs of F, but did not take part in the business affairs of F, and that the clothing business, which was operated in the name of G, was closed down around July 2013 due to the aggravation of financial standing, and was in charge of the business affairs of F, a large amount of debt in the situation where the Defendant was working in F, a corporation around July 2015, while working in F, and there was no certain income, and even if he borrowed money from the injured party, the Defendant was planned to pay the above debt

The defendant deceivings the victim as above, and is 20 million won under the name of the defendant's agricultural bank account (Account Number: H) in the name of the defendant on the same day from the victim.

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