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(영문) 서울중앙지방법원 2019.05.30 2019고단730
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 17, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court (Seoul Southern District Court). On July 27, 201, the Defendant completed the enforcement of the sentence at the Seoul Southern Southern District Court (Seoul Southern District Court).

1. Around December 17, 2013, the Defendant against the victim B told the victim B to the effect that “a person who obtained a patent for the development of automobile parts is entitled to obtain a patent.” The Defendant: (a) borrowed KRW 50 million so that he/she can purchase the patent; (b) sold the shares of the stock company C, which he/she owns, to a Japanese business operator; and (c) he/she may repay the said shares to the Japanese business operator during the negotiations for sale.”

However, in fact, the defendant did not think of business promotion through the purchase of patent rights, did not hold C's shares, did not think of using the borrowed money from the victim to pay the debt, and did not have the intent or ability to pay it even if he borrowed money from the victim.

Around December 27, 2013, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim to the E bank account of the Defendant D, and received KRW 10 million in cash, and acquired 50 million in total.

2. Around September 2014, the Defendant: (a) around September 2014, the victim F was said to the effect that the victim F was appointed as the principal of the Association, stating that the victim F would have been appointed by the president of the G Association, who was a person who was appointed by the president of the G Association, and was infinite with the president of the G Association; and (b) KRW 30 million as the principal of the Fund.

However, the facts are that the defendant's birth did not work in the Blue House, and the defendant did not know the president of the G Association, and even if the victim received money from the victim, the victim did not have the intention or ability to appoint the victim to the president of the I Association.

The Defendant is as above.

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