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(영문) 서울중앙지방법원 2017.09.14 2016고단4621
사기
Text

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

Reasons

Punishment of the crime

[Majority Facts] On May 13, 2016, the Defendant was sentenced to three years of imprisonment by the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on December 15, 2016.

[2016 Highest 4621]

1. The Defendant used the provisional order called “C” in early August 2014, the Defendant stated that “C” is a “E administrative officer (K team leader)” in the indictment in the U.S. E administrative officer, a U.S. working under his/her jurisdiction, and stated that “D” is not a K team leader,” and thus, the part of “(K team leader)” as stated in the indictment shall be deleted.

This Headquarters is ordered to receive the iron, but it still remains to dispose of a specific object, and if it lends money to Korea as expenses are required, it will be repaid immediately.

“The phrase “ was false.”

However, the fact is that the defendant does not have any substance, and at the time, the defendant did not have any intention or ability to pay the money to the victim because he did not have any specific property.

Nevertheless, it received money from the injured party to the Defendant’s F bank account on August 19, 2014; KRW 2 million on August 21, 2014; KRW 1.2 million on the same month; KRW 1.2 million on the 23th day of the same month; KRW 1 million on the 27th day of the same month; KRW 3 million on the 29th day of the same month; and KRW 8 million on the 29th day of the same month.

2. On September 4, 2014, the Defendant: (a) at a H association legal aid branch located in Seocho-gu Seoul Metropolitan Government G1 floor, the Defendant was recognized to have contributed to the said victim by exchanging USD 2.5 billion from the warehouse located in Seocho-gu Seoul Metropolitan Government to USD 2.5 billion for two gambling days; and (b) was able to receive money in the form of a pension until he/she transferred KRW 30 billion,000,000,000 won to KRW 100,000,000,000 won, upon transfer, until he/she died.

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