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(영문) 서울서부지방법원 2016.06.22 2015고합271
특정경제범죄가중처벌등에관한법률위반(사기)등
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

"2015 Gohap 271"

1. Fraud against the victim C;

A. On October 29, 2012, the Defendant intended to purchase a bath in the D shopping mall located in the Namdong-gu Incheon Metropolitan City, Seoul, for the victim C at a multi-faceted room where it is impossible to know the trade name in front of the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government 385-1, Yeongdeungpo-gu.

B. The tax credit station of the bath will be granted to B in cash the amount of KRW 150 million below the market price on the face of the State.

“.....”

However, in fact, even if the defendant was delivered KRW 150 million from the injured party because he was unable to take over the above bath because he was unable to take over the bath in a state where the income was rarely generated while arranging for scrap metal at the time, he did not have the intention or ability to take over the bath credit for the victim.

Nevertheless, the Defendant, by deceiving the victim, was delivered to the injured party a total of KRW 150 million by deceiving the victim and receiving KRW 150 million, such as 10,000,000,000,000,000,000 won, including 10,5,000 won and 145,000,000 won, before the check.

Accordingly, the Defendant, by deceiving the victim, obtained a total of KRW 150 million by means of cash or account transfer under the pretext of granting the right to engage in a bath credit from the above victim.

B. On November 23, 2012 and December 5, 2012, the Defendant used phone calls from the victim to open the above bath, making it difficult for the Defendant to open the bath. The Defendant borrowed KRW 80,000,000. On December 2, 2012, the Defendant told the victim to the effect that if the Defendant extended a loan of KRW 70,000,000 to the victim by making an investment in the instant high-speed metal business with the said money, the Defendant would repay the existing loan amount.

However, the Defendant borrowed money from the injured party at the time.

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