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(영문) 수원지방법원 안양지원 2019.01.17 2018고단496
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[criminal power] On November 24, 201, Defendant A was sentenced to three years in Seoul High Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. on December 2, 201, and the term of imprisonment was terminated at the Ansan Prison on December 2, 2014. On February 18, 2016, Defendant A was sentenced to four months in imprisonment for a crime of fraud at the Suwon District Court, which became final and conclusive on July 12, 2016. On June 20, 2017, Defendant A was sentenced to one year and six months in imprisonment with prison labor and one year in prison on March 19, 2018.

Defendant

B On August 17, 2012, the Suwon District Court sentenced two years and six months to imprisonment for a crime of fraud at the Suwon District Court, and on October 29, 2013, the Suwon District Court rendered a decision of six months to be sentenced to imprisonment for a crime of fraud, and on October 28, 2014 to be released on October 28, 2014 during the execution of the sentence, and the parole period expired on February 1, 2015.

【Criminal Facts】

On September 10, 2015, the Defendants shown that, at the D office of the Dispute Resolution Co., Ltd. in the third floor of the Seocho-gu Seoul Metropolitan Government, the Defendants would sell the goods at auction (E) in the Seocho-gu Seoul Metropolitan Government District Court, and the victim F would be awarded a successful bid when part of the Pyeongtaek-gun G apartment house has been sold at auction, and if the Defendants invested KRW 1.60 million, they would use the said goods at auction and give KRW 2.1 million including KRW 5 million in addition to the principal as of the date of the successful bid.

However, in fact, even if the Defendants received the investment money from the victim, they only intended to use it for the company's operating expenses or personal purposes, but did not have the intention or ability to receive the successful bid by bidding the auction goods from the beginning.

Nevertheless, the Defendants: (a) by deceiving the victims as above; and (b) transferred KRW 160,00,000 to the bank account in the name of the previous company in the name of the Fund in the name of the Fund in the name of the Fund in the name of the Fund in charge of the settlement of accounts, from September 10, 2015.

As a result, the Defendants conspired to attract the victim to receive property.

Summary of Evidence

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