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(영문) 서울남부지방법원 2017.11.16 2017고단3871
사기
Text

A person shall be punished by imprisonment with prison labor for three months and by imprisonment for five months for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court on February 5, 2014, and the said judgment became final and conclusive on February 2, 2015, and completed the execution of the sentence in Seoul Southern District Court on June 4, 2015.

[Criminal Facts]

1. Around August 2011, the Defendant against the victim C made a false statement to the victim of the mutual infinite coffee shop located in Gangseo-gu Seoul Metropolitan Government, stating that “Around August 2011, the Defendant: (a) performed the work at the Incheon Customs Office; (b) received the money seized by the customs; and (c) borrowed the money to repay the principal with profits within one month after receiving the money seized by the customs; and (d) paid the money with high profits.”

However, even after receiving the above money, the defendant thought to use it as personal living expenses, etc., and there was no intention or ability to receive the money by public auction.

On August 29, 2011, the Defendant, by deceiving the victim and deceiving the victim, received 5,250,000 won from the victim’s bank account (Account Number D) in the name of the Defendant for public sale, and received 1,950,000 won in total from around that time to November 28, 2011 as shown in the attached Table 1 of the daily list of crimes.

2. On September 2014, the Defendant against the victim E is a public auction for a public auction at the airport after retirement from the Plaintiff’s office in the remaining detention center in Seoul.

“A public auction may be held to pay a large amount of money when introducing a “public auction.”

In other words, the injured party believed the defendant.

On June 2015, the Defendant made a false statement to the victim at a mutual infinite coffee shop located near Yangcheon-gu Seoul, Yangcheon-gu, Seoul, stating that “The Defendant would sell the goods seized at an airport by participating in the auction and acquiring them, and then lend money from 2.5 times to 2.5 times profits.”

However, in fact, the defendant was thought to use the above money as personal living expenses, and even if he received the above money, 2-2.5 times through public auction, etc.

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