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(영문) 의정부지방법원 2016.12.21 2015고단4966
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2015 Godan4966] On January 29, 2010, the Defendant was sentenced to two years of imprisonment with prison labor in the Seoul Northern District Court for fraud, etc., and completed the execution of the sentence in the third prison of the Northbukbukbu on June 2, 2011.

Around May 2014, the Defendant knew that the victim D, who operates “C”, a company producing concrete for construction, had experienced business deterioration due to the economic depression, and then accessed the victim to the victim, “The Government is proceeding with the housing construction project in Mongolia,” and proposed “C’s technology to enter Mongolia, thereby having the same housing construction project.”

The Defendant continued to obtain the victim’s trust, “B has a mine equivalent to 12 billion won in Mongolia, and is sold to the Mongolian government and received money by selling it. It is expected that USD 500,000 will be deposited immediately in the E company located in the U.S., and when entering the said money, the housing construction project cost can be the legal principles. The Defendant sold the “F” located in the fathercheon operated in the inside and outside of Korea to KRW 3.5 billion, and would also invest in the money housing construction project. The money now would have been invested in the money construction project. As there is no money now, I first borrowed money to be used for expenses, etc.

However, there was no fact that the Defendant owned or sold a mine equivalent to 12 billion won in Mongolia, and the Defendant did not have any equal ability with the money as stated by the victim from E companies or F, etc. of the United States, and the personal card payment was unable to pay because there was no certain income or property under the bad credit standing at the time. Therefore, the Defendant thought that the money transferred from the victim was used as the name of the remittance recipient's credit card payment, etc., so there was no intention or ability to pay the money even after receiving the money from the victim.

On May 21, 2014, the Defendant received 10,000,000 won from the victim’s account in the name of G, the mother of the Defendant, from the victim, from the time of transfer.

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