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Reasons
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(영문) 서울중앙지방법원 2017.09.13 2016고단8151
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Criminal records;

A. On February 24, 2011, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul High Court, and completed the execution of the sentence on February 24, 2013.

B. On February 5, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and the said judgment was finalized on November 4 of the same year.

(c)

On May 18, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on the 26th day of the same month.

2. The Defendant is the actual operator of the Dispute Resolution Co., Ltd. (FF and G). On June 3, 2015, the Defendant was paid KRW 200 million from the victim’s account under the name of the Defendant as one bank in the name of the Defendant on the same day, on June 3, 2015, at the Dispute Resolution Co., Ltd. (F and G), and on June 3, 2015, at the Dispute Resolution Co., Ltd. office in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant did not have the intent and ability to provide the victim I with the investment amount of KRW 2 billion.

3. On May 7, 2015, the Defendant of the 2017 Highest 2050 Incident 2050, the above location, and the fact was obtained from the victim J by receiving KRW 100,000 from the victim as one bank account in the name of the Defendant on July 7, 2015, the Defendant, despite having no intent or ability to provide the Defendant with the investment amount of KRW 2 billion, an investment amount of KRW 2 billion, which is KRW 100,000,000,000,000,000,000,000,000,000,000,000 won.

Summary of Evidence

[2016 Highest 8151]

1. The defendant's legal statement (the date of the sixth public trial shall be the date);

1. Legal statement of a witness I;

1. The case of submission of each investment commitment letter, undertaking letter, deposit receipt, and certified copy of the E-register of the Bank.

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