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(영문) 서울중앙지방법원 2018.10.31 2018고합559
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Imprisonment with prison labor for the crimes of Articles 1 through 8 of the judgment of the defendant, and for the crimes of Article 9 of the judgment of the defendant, 4 months.

Reasons

Punishment of the crime

The facts charged were revised to the extent that it does not interfere with the defendant's defense right.

[2] On July 22, 2005, the defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Eastern District Court on April 27, 2006. On October 8, 2009, the Seoul High Court sentenced a suspended sentence of three years and three years and six months of imprisonment to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and decided on December 10, 2009. On November 10, 2010, the judgment became final and conclusive on July 14, 201 by this Court, who was sentenced to imprisonment of three months and four months of imprisonment for fraud. On May 17, 2012, the Seoul Northern District Court sentenced imprisonment of one year and six months to a crime of fraud at the Seoul Northern District Court on January 29, 2012.

[Criminal facts]

1. On June 18, 2008, the Defendant, on June 18, 2008, stated that “The Defendant, at the home of the victim C (a opened name D) located in Mapo-gu Seoul apartment building B, said that “The Defendant would promptly bring about a promissory note of KRW 50,000,000,000,000,000,000,000,000,000 business money is urgently needed.”

However, at that time, E, a real estate development company, which was operated by the defendant, was unable to sell commercial buildings normally. Accordingly, the defendant was investigated by fraud from the amount of damage to the KRW 00 million, and since there was no other certain income or excess of the debt, there was no intention or ability to repay the amount even if he borrowed money from the victim as above.

Nevertheless, on June 18, 2008, the Defendant acquired 47,750,000 won from the damaged person to the Defendant’s account.

2. The Defendant committed the crime of August 21, 2008, even if he/she borrowed money from the damaged person, such as Paragraph 1, but did not have the intent or ability to repay the money, the Defendant, at the victim’s home as of August 21, 2008, may receive profits twice a year, from the victim’s “if he/she has made an investment in her home with her home, he/she may pay to the victim two times a year.”

B.30 million won.

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