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(영문) 서울중앙지방법원 2014.09.04 2014고합86
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

The defendant is an applicant for compensation of KRW 882,751,061 to C and an applicant for compensation.

Reasons

Punishment of the crime

1. Fraud (2014Gohap553) on December 27, 2011, the Defendant made a false statement to the effect that “The Defendant would sell real estate equivalent to KRW 6 billion at the market price in the name of the Defendant, which is located in Pyeongtaek-gu, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City, to the president of the Japanese medicine,” and that “The Defendant would be paid immediately upon entering the price.”

However, the defendant did not own real estate equivalent to 6 billion won in the market price in Pyeongtaek-gun in Gangwon-do, and even if he borrowed money from the victim, he did not have any intention or ability to complete the payment.

On December 27, 2011, the Defendant, by deception, received four copies of a KRW 10 million check from the victim’s ridge of the above national bank, and acquired KRW 30 million in total from the Defendant’s account in the name of E, and acquired KRW 70 million in total, from March 26, 2012 to March 26, 201, and acquired KRW 197 million in total on four occasions, as shown in attached Table 1.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Fraud) (2014 high-priced86) made a false statement to the effect that “A victim C has a lot of transferred taxes if he/she had sofinna land in Bana, Jung-gu, Seoul, Seoul, on April 2012, the Defendant would return money within one month if he/she borrowed money, as he/she would be urgently required to establish a IT company.”

However, there is no property owned by the defendant, the obligation of which is KRW 300 million, and even if the defendant borrows money from the victim due to bad credit standing, he did not have any intention or ability to repay it.

Around April 5, 2012, the Defendant, by deceiving the Defendant as such, received KRW 200 million from the Defendant’s national bank account at H’s national bank account designated by the Defendant, and acquired it, from that time until February 19, 2013.

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