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(영문) 서울남부지방법원 2018.01.10 2016고단4351
사기등
Text

Defendant shall be punished by imprisonment with prison labor for two years and by imprisonment for two years, the second half of 2017, the second half of 2016, and the second half of 1283 cases.

Reasons

Punishment of the crime

[criminal record] On September 17, 2009, the Defendant was sentenced to ten months of imprisonment for fraud in the first branch of the Chuncheon District Court, and the execution of the sentence was terminated on March 27, 2010. On November 21, 2014, the Seoul Southern District Court sentenced six months of imprisonment for fraud, etc., and released as a ruling to revoke detention on May 20, 2015, the judgment became final and conclusive on July 31, 2015, and on September 8, 2016, the Seoul Southern District Court sentenced two years of suspended execution to six months of imprisonment for fraud, and became final and conclusive on the 20th of the same month.

[Criminal facts] 2016 Highest 4351

1. Fraud;

A. On March 10, 2012, the Defendant, who committed the crime against the victim D (n, 53 years of age), made a false statement with the victim, who knows that he/she would be willing to raise his/her personal guidance by making a broadcast to the victim who was under the influence of the victim D’s residence located in the Gu, Si/Gu, Si, Si, Gun, and Gun, while attempting to perform his/her work, he/she was living in the legal party operated by the victim, who was under the influence of the victim D, and would like to make a broadcast, to make a contribution to the broadcast.

However, even if the defendant receives money from the injured party, he thought that he will use it for living expenses or repayment of the existing debts, and he did not have the intent or ability to contribute the victim to broadcasting.

Around March 10, 2012, the Defendant deceivings the victim as above and transferred KRW 3,400,000 to a new bank account under the name of the Defendant to the victim.

In addition to the defendant, from around that time to June 17, 2014, the defendant deceivings the victim over 28 times in total as shown in the list of crimes No. 1, and was given a total of 52,160,000 won for the purpose of contributing to broadcasting from the victim.

B. Around November 28, 2012, around November 28, 2012, the Defendant made a false statement to the victim in Gangseo-gu Seoul Metropolitan City, etc., stating that “The Defendant may make an investment by 30% per annum because he/she is able to make an investment with a bond business operator in Korea.”

However, the defendant has received money from the injured party to the bond business.

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