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(영문) 서울중앙지방법원 2018.10.11 2017고단7424
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 13, 2008, the Defendant was sentenced to three years of imprisonment for a crime of fraud in the Goyang Branch of the District Court, and on August 27, 201, the execution of the sentence was terminated at the said District Court. On July 7, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of false accusation in the Goyang Branch of the District Court, and on December 29, 2016, the judgment became final and conclusive on December 29, 2016. On June 7, 2017, the Defendant was sentenced to two years and six months of imprisonment with prison labor at the District Court for a crime of fraud, and the judgment became final and conclusive on March 29, 2018.

1. On January 13, 2014, the Defendant developed “D” golf practice hall located in Seo-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City on the part of the Defendant, and the victim B, the representative director of the said E, who became aware of the issue of support for accommodation rights of (ju) E, developed G, which is a golf sacratization program using an indoor golf practice hall program, using an indoor golf practice hall in the city, with a view to “F higher than the F., an indoor golf practice hall program.”

At present, the Rayer’s written request for the implementation of the above program was made at the Chinese factory. However, the false statement was made to the effect that it is required to lend money to the Chinese factory, as the amount of KRW 20 million would be deducted from the domestic market.

However, in fact, the Defendant did not request a Chinese factory to manufacture G golf 200 Formula program and did not complete or exist, so even if he borrowed money from the injured party, the Defendant did not have any intention or ability to do so with the said product, and there was no intention or ability to repay the said money in the absence of any particular income at the time.

The Defendant, as seen above, by deceiving the victim, received from the victim, the total sum of KRW 10 million from the account in the name of the Defendant’s wife H to the corporate bank account in the name of the Defendant’s wife on January 13, 2014, and KRW 20 million from January 21, 2014 to the foregoing account.

2. The Defendant was aware of the Victim I’s fraud against the Victim I through the Defendant’s high-speed line around 2007, and was established on May 7, 2014 for the purpose of construction business, etc. (ju) J’s actual operator.

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