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(영문) 서울중앙지방법원 2012.07.11 2011고단7539
사기
Text

Imprisonment with prison labor for the crimes of No. 1 of the judgment of the defendant, and eight months for the crimes of No. 2 of the judgment of the defendant.

Reasons

Punishment of the crime

1. On January 13, 2011, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Incheon District Court on January 13, 201, and the judgment became final and conclusive on January 21, 201. On February 6, 2012, the Incheon District Court sentenced two years of imprisonment for fraud at the Incheon District Court on February 6, 2012, and the judgment became final and conclusive on June 1, 2012. On June 23, 2011, the Seoul Central District Court sentenced one year and six months of imprisonment for fraud at the Seoul Central District Court on April 13, 2012.

On August 4, 2010, the Defendant provided that “The victim D purchased the remaining household unit of Incheon-gu E apartment unsold in lots. The above apartment unit at a discount of 108 Dong-dong 1202, and sold in lots at KRW 350 million.”

However, as the defendant failed to prepare purchase funds, the defendant was notified of the cancellation of the sales contract for the remaining household unsold in lots by the construction company on June 1, 2010, and there was no intention or ability to sell the above apartment to the victim.

As above, the Defendant, by deceiving the victim, received KRW 250 million from the victim, on August 6, 2010. On October 4, 2010, the Defendant transferred KRW 60 million to the new bank account in the name of the Defendant, and the Defendant transferred KRW 40 million to the new bank account in the name of the Defendant. On the same day, the Defendant received KRW 350 million in total from the new bank account of the Daelim Industrial Corporation and received KRW 350 million from the third party or delivered it to the third party.

2. On November 28, 2008, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Incheon District Court on April 30, 2009, and the judgment became final and conclusive on April 30, 2009. On March 24, 2010, the Seoul East East District Court sentenced a two-year suspended sentence of imprisonment for fraud at the Seoul East District Court on April 1, 2010, and became final and conclusive on April 1, 2010.

The defendant around May 2006 refers to "if the defendant has a good commercial building for H, making profits if he/she has made an investment" to the victim G through F, and on June 2006, in the office of Jongno-gu Seoul Police Officer Co., Ltd., and on the victim's "I who operates within the country" to the victim.

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