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(영문) 서울남부지방법원 2017.02.10 2016고합407
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

" 2016 Gohap 407"

1. A defendant who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was aware of the victim C who had been living together with his/her mother at the time of the occurrence of a matrimonial relationship with the victim, and is currently under civil litigation related to inherited property as a group of mixed foreign capital with himself/herself.

The introduction was made.

On October 31, 2011, the Defendant sent a phone call to the victim C’s mobile phone at a place where it is impossible to know the location of the Defendant’s mobile phone, and “The head of the Tong in the process of a trial was seized during the process of the trial, and the legal costs of the lawsuit are to be repaid within one week if he/she lends money.”

However, the defendant had no intention or ability to repay money even if he borrowed money from the damaged party due to the situation that the defendant was not a mixed foreign capital of the Korean Commercial Group at the time, and the property to be inherited was transferred to him, and the civil lawsuit related to the inherited property was not pending.

On the same day, the Defendant received from the injured party a remittance of KRW 21,00,000 from a new bank account (Account Number:D) in the name of the Defendant, and received a total of KRW 878,868,800 in total over 142 times from that time to November 8, 2012 in the following manner, as shown in attached Table 1 copy of the crime inundation from that time.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud;

A. On June 22, 2012, the Defendant committed a crime against the victim E through the above C at a place where it is impossible to identify the location of the light, and the victim E did not borrow a loan due to the issue of the relevant documents with regard to the bank.

The phrase “to pay immediately upon lending the document cost” was false.

However, in fact, the defendant did not proceed with civil litigation related to inherited property at the time, and even if he borrowed money from the injured party due to no special property, he did not have the intention or ability to repay it.

The defendant is a new bank in the name of the defendant from the person who suffers damage on the same day.

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