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(영문) 서울남부지방법원 2017.06.16 2017고합92
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding three hundred thousand won.

1. When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] On July 14, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Sungdong detention center on April 21, 2016.

[2] On August 25, 2016, the Defendant: (a) received a request from pro-dong E to encash a check owned by the victim F (a total par value of KRW 500 million); (b) changed the above check in cash through the transfer of account in the name of the Defendant; and (c) received KRW 500,000 from the Defendant under the name of the Defendant.

On the same day, the Defendant continued to receive six copies of his own check (total par value of KRW 600 million) from E, which are owned by the victim, from E, and upon receipt of a request to further encash the said check, the Defendant may re-convert the said check

After deceiving E, the sum of the face value of the above check was 600 million won to collect the money.

On August 26, 2016, the Defendant, at around 09:30 on August 26, 2016, at the 10 Enterprise Bank AFC branch of the Yeongdeungpo-gu Seoul International Finance Bank AFC (IFC), did not intend to de facto encash the said checks, the Defendant would encash the check amounting to KRW 600 million to E.

“A false statement to the effect that it was “,” and its member received six copies of the check owned by the victim E at its place and deposited it in the company bank account (G) in the name of the Defendant.

After that, the Defendant transferred KRW 100 million out of the above KRW 600 million to H’s Nonghyup Bank Account (I), KRW 50 million to H’s Nonghyup Bank Account (J), KRW 200 million to K’s Han Bank Account (L), KRW 100 million to M’s Enterprise Bank Account (N), KRW 50 million to M’s Saemaul Bank Account (O), and KRW 50 million to the Defendant’s New Bank Account in his name (P), and KRW 50 million to the Defendant’s New Bank Account in his name.

On the same day, the Defendant continued to withdraw the above KRW 50 million, which was transferred from the credit branch of the National Bank in Yeongdeungpo-gu Seoul Metropolitan Government to E from the account in the name of the Defendant to the account of the National Bank in the name of the Defendant, as five copies of the check before himself, and then the Seoul and Incheon et al.

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