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(영문) 서울동부지방법원 2015.05.22 2014고합408
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment with prison labor for one year and six months, and imprisonment with prison labor for the second crime as stated in the judgment, respectively.

Reasons

Criminal facts

On November 26, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on December 4, 2009, and on February 11, 2010, the same court was sentenced to a suspended sentence of two years for a period of four months for fraud, and the judgment became final and conclusive on February 19, 2010.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Victims C;

A. On May 2009, the Defendant made a false statement that “The Defendant would pay either 20 to 30% of the principal and sales profit as profit within one month of the week, since he purchased the golf hole from the revenue source, and then sold it, to the victim C, a customer, in Songpa-gu Seoul DD Co., Ltd., Ltd., Ltd., the Defendant would pay the principal and sales profit as profit.”

However, at the time, the defendant did not think of the golf-related sales business and thought that he will pay the debt with the money from the victim, and there was no intention or ability to pay the principal and the profit even if he received the money from the victim.

Nevertheless, on May 14, 2009, the Defendant, by deceiving the victim, received KRW 175 million from the Defendant’s bank account (F) around May 14, 2009.

B. On July 2009, the Defendant made a false statement to the effect that “The Defendant would give the victim the principal and profit (20-30% of sales profit) of the principal and profit (20-30% of sales profit) by preparing more money to purchase 500 golf bonds from G in the said golf shop with the victim at the said golf shop. The Defendant borrowed KRW 370 million.”

However, at the time, the defendant did not have any idea to purchase golf loans and thought that he will repay his debts with money from the victim, so even if he received money from the victim, he did not have any intention or ability to pay the principal and the profits.

Nevertheless, the Defendant, as such, deceiving the victim and deceiving it from the victim to the above national bank account from July 13, 2009, and KRW 50 million from July 15, 2009.

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