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(영문) 서울중앙지방법원 2017.05.31 2017고단304
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[criminal record] On May 23, 2014, Defendant A was sentenced to a suspended sentence of one year and six months for criminal fraud at the Seoul Central District Court, which became final and conclusive on August 4, 2014, and the probation period is currently underway. Defendant B was sentenced to two years of imprisonment with prison labor at the same court on August 16, 2016, and the said judgment became final and conclusive on May 17, 2017.

[Criminal facts]

1. On April 5, 2016, Defendant A’s sole criminal defendant received the victim H through G, a marriage intermediary, through which he/she was a marriage broker, and was committed as if he/she had been operating a business abroad and was also a promising business that would soon start a new business in the Republic of Korea, with the victim’s access to the victim and acquired money by deceiving the victim as soon as he/she would immediately marry with the victim.

On April 26, 2016, the Defendant made a false statement to the victim that “I companies located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, shall purchase NAS vehicles from the I companies located in Dongdaemun-gu, Dongdaemun-gu, Seoul, stating that “I companies purchase NAS vehicles at the I companies located in Dongdaemun-gu, Seoul, and will complete payment three days after the loan of KRW 2 million due to the lack of payment.”

However, the defendant was not an employee of the I company at the time, and there was no plan to purchase the I company's NA vehicles, and even if he received money from the injured party due to no certain income or property, he did not have any intent or ability to pay it within the time limit.

Nevertheless, the Defendant received KRW 2 million from the injured party to his bank account from July 14, 2016, and acquired KRW 4.9 million in total from the injured party four times through the same method as the list of crimes in the attached Table from July 14, 2016.

2. The Defendants conspired to commit the joint crime as if they run a siren enterprise called “I” and to acquire the price of the vehicle from the injured party by deceiving the victim H as if they could purchase the external solvent at a low price.

According to the above public offering, Defendant A from the beginning of May 2016.

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