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(영문) 광주지방법원 2014.02.07 2013고단4960
사기
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2006, the Defendant was sentenced to five years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. at the Gwangju District Court, and was released on June 30, 201 and completed the execution of the sentence after the expiration of the parole period on August 3, 201.

[2013 Godan4960] On May 2012, the Defendant made a false statement to the victim F at the fourth E office of the 4th floor of the building where it is impossible to know whether the ship was located in Gwangju Dong-gu, Gwangju, the Defendant would pay the principal and interest to the victim F by making an investment in the stock chain in his name for three months, such as June, July, August, August, August, and August in the name of the shipowner.

However, the Defendant, at the time, engaged in the wholesale and retail business of cosmetics with the trade name “stock company G”.

Along to approximately KRW 200,000 won accumulated and closed a business, a creditor and a bond company were urged to repay the principal and interest without any particular funds or property, and the victim thought to be used as a preparatory fund necessary to repay personal debts or to establish a separate stock investment intermediary, and therefore, there was no intention or ability to pay the principal and interest to the victim by generating profits.

Around June 5, 2012, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Agricultural Cooperative Deposit Account (H) in the name of the Defendant, and acquired KRW 104,000,000 from around that time to July 27, 2012 as shown in the attached crime list, as well as from around July 2012.

[2013 Highest 5810] On November 1, 2012, the Defendant called “The Defendant would give KRW 55 million to the purchase price of the shares up to February 15, 2013, by calling to the victim I, who holds the stocks of Korea C&T at the Defendant’s request, for trading the entire stocks of Korea C&T to B, and transferring the stocks.”

(b).

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