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(영문) 서울중앙지방법원 2017.10.25 2017고단4361
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 17, 2011, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Daegu District Court, and the execution of the sentence was terminated on January 18, 2013. On April 26, 2017, the Seoul Central District Court sentenced two years of imprisonment for fraud, etc. and became final and conclusive on September 7, 2017.

Around September 2013, the Defendant stated that “The Defendant would pay the victims three months after he/she borrowed money from the victim D's office for the export of cars in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, to make an investment in the Flyang-gu E at the Flyang-gu Seoul Special Metropolitan City.”

However, the defendant had been released for about seven months since the date of release, and even if the victims received the money from the victims, they did not have the intent or ability to pay it three months later, they did not receive the money from the victims, or had the victims receive the payment from the credit card company by settling the cash discount terminal with the credit card of the victims.

On September 9, 2013 and September 10, 2013, the Defendant: (a) informed victims; (b) provided each victim H with KRW 2 million in cash; and (c) provided each victim I with KRW 1.5 million in cash at the above office on September 10, 2013; and (d) provided the said office with KRW 500,000 by credit card at a discount rate of KRW 170,000 on September 11, 2013; (b) provided the victim J with cash discount of KRW 30,000 on a credit card terminal on September 25, 2013; and (c) provided the said office at a discount of KRW 1.5 million on September 25, 2013; and (d) provided the said office at a discount of KRW 200,000 on a credit card at a discount of KRW 1.5 million on September 25, 2013.

Accordingly, the defendant is the victims.

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