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(영문) 서울동부지방법원 2014.12.05 2014고합330
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 19, 2008, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Western District Court, and six months of imprisonment with prison labor at the Seoul Central District Court on April 30, 2009, and completed the execution of the above punishment on June 17, 2010. On August 29, 2014, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul East East District Court for fraud, etc. and the said judgment became final and conclusive on September 18, 2014.

On May 20, 2013, the Defendant, at the F Licensed Real Estate Agent Office located in Seo-gu Incheon, called “The F Licensed Real Estate Agent Office is the relative of a licensed customs broker for 20 years,” and the Company established by the licensed customs broker, calls for a professional bid only with respect to the public auction goods of the Government and its affiliated agencies, and imports used domestic agricultural products. He/she has invested 100 million won in money with an opportunity to participate in the public auction, but received dividends of KRW 100 million and received dividends of KRW 25% for the monthly average period of two months. The general public also provided an opportunity to participate in the public auction, but it is possible to secure one-way derivatives due to self-reliance and to conduct an independent bidding. In such case, he/she can obtain a benefit of 25% monthly average, and even if he/she distributes profits of 15% per month, he/she has made a false investment in money.”

However, there was no intention or ability to return the profit by taking part in the public auction procedure even if the defendant received money from the victim as the personal debt repayment, etc. for the investors in the medical tourism business who operated from around 2011 as "I".

Around May 22, 2013, the Defendant deceivings the victim as above and received KRW 100 million from the victim to the deposit account in the name of the Defendant for a new bank under the name of the Defendant, as well as from around that time to August 1, 2013, 820 million through 15 times, as shown in the list of crimes in attached Table.

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