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(영문) 의정부지방법원 2018.12.11 2017고단1360
사기
Text

Imprisonment with prison labor for the crimes of No. 1 and No. 2 in the judgment of the defendant, and for the crimes of No. 3 in the judgment of the defendant, he/she shall be punished by imprisonment with prison labor for not less than

Reasons

Punishment of the crime

1. On March 31, 2016, the Defendant was sentenced to a suspended sentence of three years and six months of imprisonment with labor at the Seoul Central District Court on March 31, 2016, and the said judgment became final and conclusive on April 8, 2016.

[Criminal facts] The defendant was the representative director of (State)B.

The defendant around March 25, 2013, within the office of Dongjak-gu Seoul Metropolitan Government (State B) C (State B) in order to purchase Samsung Home Plux gift certificates to the victim D.

The face value of merchandise coupons is paid by Internet banking.

“False speech” was made.

However, in fact, the Defendant was in bad credit standing from around 2009, and the obligation amounting to 500 million won, while the Defendant did not have any special property, and (State)B did not have any profit.

The Defendant received Samsung Home Packer gift certificates in an amount equivalent to five million won from the injured party, and received a gift certificate in an amount equivalent to KRW 183 million in total on five occasions on March 27, 2013 by the same method, equivalent to KRW 20 million on March 29, 2013, equivalent to KRW 58 million on April 1, 2013, and KRW 90,000 on April 3, 2013, and received a gift certificate in an amount equivalent to KRW 183 million on five occasions, respectively.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. The Defendant was sentenced to a suspended sentence of three years and six months of imprisonment with prison labor at the Seoul Central District Court on March 31, 2016 and the said judgment became final and conclusive on April 8, 2016.

【Criminal facts】 From November 2012 to September 2013, the Defendant was a person who was the representative director of the Dongjak-gu Seoul Metropolitan Government (State)B at the third floor of the Dongjak-gu Seoul Metropolitan Government C building, online and offline sales business.

On April 13, 2013, the Defendant: (a) at the above B office on April 13, 2013, the Victim E (65 years of age) provided that “if an investment is made in B, an amount equivalent to 5% of the investment amount is increased to make an investment; (b) the investment amount is 105%; and (c) the Defendant may purchase home plug gift certificates in an amount equivalent to 10% out of the increased investment amount of 105%; and (d) at the time of the purchase of home plug gift certificates, the investors are from

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