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(영문) 서울중앙지방법원 2018.12.21 2018고단5189
사기
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than four months with prison labor for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On November 19, 2009, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and on November 10, 2010, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court on January 12, 2012 and completed the execution of the combined sentence at the Seoul Detention Center on January 24, 2012. On December 24, 2014, the Seoul High Court sentenced the suspended sentence to one year and six months of imprisonment for fraud and became final and conclusive on January 1, 2015.

[Criminal facts]

1. On May 23, 2013, the Defendant against the victim B had D’s share to be selected as an executor of the development project of the original C Industrial Complex, and if the Defendant borrowed KRW 100 million as the design deposit and operating expenses are required, the principal will be paid more than two months and the share in D’s development project will be made more than 40%.

“.” The purport was “.

However, in fact, the Defendant intended to borrow money from the damaged person for personal purposes, such as repayment of personal debts and living expenses, and did not intend to use the money from the damaged person as the design deposit and operating expenses of the original C Industrial Complex Development Project. Since D did not intend to be selected as the executing company of the original C Industrial Complex Development Project, and the Defendant did not have the shares of D, the Defendant did not have any intent or ability to allow the injured person to participate in the development project by exceeding 40% of the shares of D, and there was no variable revenue or property, while the amount of the debt at the time exceeds KRW 40 million, there was no intention or ability to repay the principal to the injured person as the promise.

The Defendant, by deceiving the victim as above, was immediately given the victim the three copies of the check in front of the victim’s right of KRW 10 million and three copies of the check in front of the victim’s own right of KRW 10 million, and around that time, paid KRW 4 million in cash.

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