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(영문) 서울남부지방법원 2018.12.26 2018고단2065
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[2018 Highest 2065]

1. The criminal defendant against the victim B and six other persons may purchase a mobile phone from the victim B to the victim B at the Defendant’s residence located in Gwangjin-si, U.S. around October 25, 2012, and impose a big amount of money on the victim B, including South and North Korean children, to export it to the foreign country.

In order to export with a mobile phone bid in D and E, 4% interest will be paid from the loan of the investment cost to the beneficiary.

In addition, one mobile phone will be purchased and then exported to benefit from the purchase.

The phrase “ makes a false statement.”

However, in fact, the defendant tried to export the cell phone with smuggling, and even if he received the amount from the injured party with a debt amounting to KRW 500 million, he did not have the intention or ability to repay the investment amount to the injured party.

Around November 2, 2012, the Defendant acquired property equivalent to KRW 745,356,000 in total from seven victims, such as the list of crimes in attached Form, such as receiving KRW 10,000,000 from the victim’s G account (H) around November 2, 2012.

[2018 Highest 3387]

2. The Defendant and J against the victim I lent money to the victim I in the office operated by the Defendant in Geumcheon-gu Seoul Metropolitan Government on September 2009, to the victim I for the purpose of exporting the mobile phone at auction. The Defendant and J transferred the mobile phone to China or Red bean, with the winning of the mobile phone as the money and exported it to China or by winning the cell phone at auction. The Chinese language in the other country is the Chinese flag, and the circulation of the funds in cash is soon 20 to 3 billion won.

If the amount of KRW 300 million has been lent for a long-term of one to three years, 10% per month shall be paid.

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

However, the defendant did not have an intention or ability to pay the principal by paying interest of 10% per month even if he/she borrowed money from the damaged person from approximately KRW 400 million and then he/she did not have an intention or ability to pay the principal.

The defendant in collusion with JJ as above.

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