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(영문) 인천지방법원 부천지원 2014.01.06 2009고합255
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On October 23, 2008, the defendant was sentenced to the suspension of the execution of 2 years in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on January 15, 2009.

[209Gohap255] On July 8, 2005, the Defendant stated that “In the Franchisium for the management of the victim E on the first floor of the Seocho-gu Seoul Metropolitan Government D Building, the husband of G, known to him, is a senior public official working for the Office for Government Policy Coordination and Coordination. Since G knows the high-quality information on real estate investment, it may impose a large amount of money if he/she acted in the Office for Government Policy Coordination and Planning with the preference of real estate expected to increase the price by using it. If he/she invests money, he/she would again invest it to G and give high-quality interest.”

However, at the time, the Defendant did not have any intent or ability to return the principal and the profits to the victims, even if he received the investment funds from the victims, it was thought that the funds were used for the purpose of the Defendant’s personal repayment of obligations and the payment of fraternity deposits. However, there was no plan to purchase the real estate located in G and H. Therefore, there was no intention or ability to return the principal and the profits to the victims.

As such, the Defendant, by deceiving the victim, received 30,000,000 won from one bank account (Account Number: J) under the name of the Defendant’s husband on the same day from the victim, and acquired 1,230,250,000 won in total over 10 times, such as the list of crimes in the attached Form.

[2010Gohap29]

1. Around October 21, 2005, the Defendant made a false statement to the victim L of Yongsan-gu Seoul Metropolitan Government K Apartment 104 Dong 301, stating that “The U.S. public official of Grade II II in charge of the U.S. purchased forest land with real estate development information led by the U.S. public official of Grade II in charge of the U.S. and made an investment. The Defendant would return the principal of the investment and the profits of 100% after the rapid three months of the investment, and the late six months after the investment.”

However, facts are at the time G and H.

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