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(영문) 서울중앙지방법원 2020.10.08 2020고단2528
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On December 17, 2015, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court on December 17, 2015. The judgment became final and conclusive on June 2, 2016.

【Criminal Facts】

On October 2015, the Defendant, at his office located in Seocho-gu Seoul Metropolitan Government 9th Office, proposed the victim D, etc., who reported the books of "C" that he had engaged in, free of charge, and made a false statement as if he had his own history, and the victim had been working as a teacher for 34 years and had an installment savings of KRW 120 million in the Korean Teachers' Credit Union for 34 years, and continued to provide the victim with an opportunity to participate in the business of establishing the headquarters of "300,000,000,000,000 or more to return to farming and nature healing, E, Korea, and Lao and Indonesia." However, on November 19, 2015, the Defendant recommended the victim to establish a new concept-based franchise F franchise recruitment and franchise headquarters in the global market including the Seocho-gu Seoul Metropolitan Government 9th Office, the Defendant guaranteed that the victim would immediately pay the principal and interest of the franchise to the victim and made a false deposit of the investment."

However, at the time, the Defendant was under trial at the Seoul Central District Court due to the suspicion of acquiring KRW 450 million in sum from six persons under the name of the restaurant franchise business investment fund. In order to raise the deposit money due to the lack of sufficient means to repay the amount of damage, the Defendant made a false statement as if he had the ability and ability to conduct the above business, and even if having received the investment money from the victim due to the lack of any special revenue, there was no intention or ability to repay the principal and interest.

As above, the Defendant, by deceiving the victim, received money of KRW 120 million from the bank account in the name of H, which is the same day from the victim.

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