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(영문) 의정부지방법원 고양지원 2017.05.11 2017고단236
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2017 Highest 236] The Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on May 27, 2010, and was released on March 29, 2013 during the execution of the sentence and passed on May 7, 2013.

[Criminal facts] On October 28, 2015, the Defendant: (a) was a victim D, who was aware of his knowledge in the Seongbuk-gu Busan Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Busan Metropolitan City parking lot, and was running a neglect business and a neglect business that is an affiliate.

There should be approximately KRW 30 billion inheritance from his father, and the capital of which is in a foreign country, and 40% inheritance tax should be levied upon him if he had it in Korea.

In order to implement the method, we should have a transaction performance in the domestic account in order to find the method of returning inheritance funds to the Republic of Korea without paying inheritance tax together with the vice head of the Korean bank, employees of the Financial Supervisory Service, and attorneys-at-law.

B. If a person lends money to B, he/she shall use the money to make a transaction record and pay it to the domestic account.

“The purpose of “ was to make a false statement.”

However, in fact, the father's neglect was not an operator of the funeral business, and the defendant did not have received approximately KRW 30 billion from his father, and the defendant did not have any personal debt worth KRW 250 million without any property or income, and the defendant was in receipt of money from his injured party, so he did not have any intention or ability to pay the borrowed money to the victim.

As above, the Defendant: (a) received total sum of KRW 260 million from the victim’s new bank account (Account Number: F) in the name of the Defendant living together on a total of 20 occasions from October 28, 2015 to January 10, 2016 from the victim, to transfer KRW 37.6 million in total from January 16, 2016 to February 12, 2016.

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