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(영문) 청주지방법원 2016.06.03 2016고합72
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2] The Defendant, at the Suwon District Court, was sentenced to imprisonment for a crime of fraud on May 22, 2008; imprisonment for a year and six months on December 17, 2008; imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); on July 22, 2009, two months were sentenced to imprisonment for a crime of fraud; on September 25, 2011, the execution of the last sentence was terminated; the Defendant was sentenced to one year to imprisonment for a crime of fraud from Suwon Women’s Prison on November 27, 2015 at Suwon District Court, and was written as “the Prosecutor on December 3, 2015” on December 5, 2015. However, it is obvious that it is a clerical error in the sentence of “the December 5, 2015”.

The above judgment became final and conclusive.

[2] On April 30, 2012, the Defendant made a false statement to the victim D through C in an irregular place on April 30, 2012, stating that “In advance, the Defendant would give money to the merchandise coupon dealers at low-value of merchandise coupons, which may be sold at a higher price than the amount purchased by the merchandise coupon sellers located in the department store's stores. The Defendant would make a profit per KRW 50,000 won and guarantee the principal.”

However, as at the time, the Defendant had been under the circumstance of preventing the return of the fee equivalent to KRW 3 billion invested by other investors under the name of the gift certificates business as above, the Defendant attempted to receive money from the victims and use the said fee for the payment of the said fee, etc., and did not proceed with the gift certificates business, and there was no particular property and other income, and there was no intention or ability to pay the profit and the principal to the victims.

As such, the Defendant, by deceiving the victim, had C receive KRW 5 million from the victim on the same day through the account of national bank in the name of E (F) used by his female, for investment, and had C transfer the above KRW 5 million to the account of one bank in the name of the Defendant.

In addition, the defendant is attached from that time until May 23, 2013.

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