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(영문) 서울남부지방법원 2016.10.27 2016고단4167
사기
Text

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

Reasons

Punishment of the crime

"2016 Highest 4167"

1. The Defendant was engaged in the business of collecting the closure of the relationship between the Defendant and the victims with the trade name “D” in Guro-gu Seoul Metropolitan Government apartment complex 101 Dong 404, and the victim E is the trade name “G” in Jongno-gu Seoul Metropolitan Government F, and the victim H used the interim collection business in the closure of the transaction with “J” in Seoul Jung-gu, Seoul.

A closed collection business entity shall collect and supply the abolition from a closed intermediate collection business entity, and the closed intermediate collection business entity shall supply it to the closed intermediate collection business entity once again. In order to secure exclusive and stable abolition, the closed intermediate collection business entity has made a transactional relationship by deducting certain amount from the advance payment, after paying a certain amount of money to the closed collection business entity, and the closed collection business entity has made a transactional relationship by deducting the certain amount of money from the advance payment according to the volume of abolition being supplied.

2. Fraud to victims E;

A. On November 30, 2010, the Defendant stated that “Around November 30, 2010, the Defendant would give the victim an advance payment of KRW 210,000,000 to the said “G” workplace, the Defendant secured the customer, such as a new printing office, with the amount of KRW 80,000,000,000 among them, and supply the closure equivalent to KRW 50,000 each month from January 1, 2011 to the time the advance payment is fully deducted.”

However, the Defendant, at the time of collecting only 30 tons of the advance payment, was thought to use the full advance payment received from the victim to repay his/her personal debt, and even if he/she received advance payment from the victim due to a large amount of debt, he/she did not have the intent or ability to return the advance payment if he/she did not supply it as promised to the victim, or if he/she did not supply it.

Nevertheless, the Defendant, who is affiliated with the Defendant, was a new bank account in the name of the Defendant from the victim (K) on November 30, 201, and KRW 80 million on December 30, 2010, and on December 30, 2010.

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