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(영문) 대전지방법원 2014.02.21 2012고단875
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 10, 2009, the Defendant was sentenced to ten months of imprisonment for a crime of fraud, etc. at the Daejeon District Court, and completed the execution of the sentence on May 8, 2010. On September 9, 2010, the Defendant was sentenced to imprisonment for four months in the same court and completed the execution of the sentence on the same day.

On September 9, 2010, the defendant was sentenced to four months of imprisonment with prison labor through a ruling of reversal at the appellate court, and was released on the same day upon the expiration of the term.

On November 9, 2010, the Defendant: (a) provided the Victim E with the statement that “I would have to purchase ginseng, because there is no money to purchase it; (b) would have paid KRW 5 million after this title; (c) borrowed KRW 5 million from the victim; (d) on November 10, 2010, the Victim would have paid KRW 5,100,000 to the victim plus interest KRW 1,000,000,000,000,000 to the victim; (d) on the date of the repayment of the money, the Defendant would have the victim obtain the same trust by having the victim purchase the ginseng, including KRW 5,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won from the victim; and (d) sold the money to the victim.

On November 17, 2010, the Defendant: “The amount of ginseng purchase remains at KRW 150 to 2 million from the sale of the ginseng,” and the Defendant divided the profits therefrom. In particular, since the price of the ginseng franchising phenomenon occurs, as the ginseng franchising price is at which the ginseng franchising will be seen as much profits if the ginseng was purchased and sold to the snow at present, and as soon as possible, there would be a demand to prepare the ginseng purchase price as possible.” The Defendant was aware that the victim was in a financial difficult situation due to the occurrence of corporate bonds, and the Defendant, despite being aware of the fact that the victim was raising the ginseng purchase price by borrowing money from another person or receiving cash services, provided that the victim prepared the ginseng purchase price and made a request for the ginseng purchase price to the victim.

At the time, the defendant was released from prison.

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