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(영문) 의정부지방법원 2019.08.21 2017고단5469
사기
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

On July 21, 2011, the Defendant was released on October 28, 2013 and the parole period expired on December 20, 2013, when he was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court on July 21, 201.

Around April 2016, the Defendant stated that “The Defendant is the same as having invested in the underground duty-free shop, and the operator of that place is a converted fraud. There may be a lot of profits through an auction. There is a dentist's denial in well-known and there is a dentist's denial in the auction, which is well-grounded in the auction field, and may impose a sufficient amount of money. It would be able to compensate for living expenses with the belief that it would be to compensate for the principal and living expenses incurred by auction.” The Defendant said that “I will be punished not only for the principal but also for living expenses within a soon time when I make an investment in trust money.”

However, in fact, the Defendant did not have made an investment in real estate or purchased real estate through a real estate auction expert, and was planned to use the money for debt repayment and cost of living with the victim without any particular property or fixed income, and thus, there was no intention or ability to return the principal and profit as agreed upon even if he received money as the proceeds of real estate auction.

Nevertheless, on April 28, 2016, the Defendant, by deceiving the victim as above, received KRW 5,000,000 from the victim, to the post office account under the name of the Defendant, and received KRW 119,150,000 from that time until April 28, 2017, by remitting KRW 10,00 in total from April 28, 2017 as shown in the crime list.

The Defendant stated that “The Defendant, on February 2017, at the Gangnam-gu Seoul Franman’s Non-place, the Gangnam-gu Seoul Flab, and the victim B, “The Defendant may buy the Damon-mon-in amounting to KRW 15 million in the market price through the son-gu, and the sum of 13.3 million in the amount to be paid to the person who transports the half price and the half price, which shall be paid to the person who transports the half price and the half price.”

However, the defendant is the victim.

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