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(영문) 서울동부지방법원 2014.11.28 2014고합309
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A person shall be punished by imprisonment with prison labor for not less than six months, and imprisonment with prison labor for not less than one year and six months for a crime of No. 2 as stated in the judgment.

Reasons

Punishment of the crime

On June 30, 2010, the defendant was sentenced to a suspended sentence of three years in one year and six months in Seoul Eastern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

9.25 The above judgment became final and conclusive.

1. On January 21, 2010, in a restaurant where it is impossible to know the trade name in the Songpa-gu Seoul Metropolitan area, the Defendant made a false statement to the victim C, stating, “The owner of the land was 440 square meters in Hanam-si, and 843 square meters in Emiscellaneous land. The owner of the land was 40 million won, and the bank was 300 million won in the creation of collateral security at the bank, so it may purchase at 10 million won on the face of 100 million won, and the owner of the above real estate is different, or because the F, who owns forfeited stocks, is located in Japan, would obtain the seal impression of F in Japan.”

However, around 2006, the Defendant did not have any specific property, and there was no intention or ability to purchase the said land to the victim C, only when it was thought that the Defendant lent the said money to a person who was unable to know the name of gambling at a marina casino.

Around January 25, 2010, the Defendant received KRW 100,000 from the said victim to the Cit Bank account (G) in the name of the Defendant.

Accordingly, the defendant deceivinged the victim C and acquired 100 million won.

2. Around January 27, 2011, the Defendant made a false statement that “The Defendant would lend money to the victim I who will engage in the de facto funeral in the so-called Goyang-gu H” to the said victim at the home of the victim I located in Gyeyang-gu Seoul Metropolitan City H. If the Defendant lends KRW 100 million to the said victim, the Defendant would be repaid without molding until February 21, 2011.”

However, in 2006, the defendant did not have any particular property, and there was no intention or ability to repay the above money even if he borrowed money from the victim I because he thought that he lent the money to the shipbuilding company operating a substitute factory in China as a bond.

The defendant is standing against him.

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