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(영문) 수원지방법원 안양지원 2017.12.18 2017고합168
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Reasons

Punishment of the crime

1. On June 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has purchased and sold real rights, such as land and buildings, from the victim FK by telephone to the victim FK, thereby gaining profits from the difference. The Defendant would make profits from the difference.

“A false statement” was made.

However, the Defendant had already received money from a large number of people in the name of the real estate investment proceeds, and then transferred money to the prior investors by the so-called “return prevention” method, so even if the Defendant received the investment proceeds from the above victims, he did not have the intent or ability to pay the victim the proceeds from the sale and purchase of real estate as agreed.

The Defendant, as seen above, received from the injured party the remittance of KRW 20,000 to the national bank account under the name of the Defendant around June 24, 2015 from the injured party, from the time on December 14 of the same year [Attachment] up to December 14 of the same year, he received a total of KRW 627,670,00 in total over 23 times, as shown in Table 1 of Crimes List 1.

Accordingly, the defendant was informed of the victim and received property of 500 million won or more.

2. On January 26, 2016, the fraud Defendant invested money from the victim FK for the purchase of real estate located in the Gyeonggi FK in the event of the game, but was asked about the circumstances that the principal and the profits did not have been paid, the Defendant would pay the balance of the construction cost to the victim if the Defendant bears 8,300,000 won.

“A false statement” was made.

However, there is no fact that the defendant purchased the AZ land at the time of Gyeonggiization.

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