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(영문) 서울중앙지방법원 2017.02.03 2016고합1229
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On September 20, 2016, the Defendant was sentenced to six years of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on December 17, 2016.

The Defendant served as an executive officer of the distribution of co-days, and was hospitalized in around May 2014 as a workplace interest cancer where the victim C works on the part of the victim C, as if he/she were a person with social status and financial capacity.

D) The victim, who was aware of volunteer activities, etc. at the hospital, knew that he/she had a sense of view to the defendant, came to know that he/she had a considerable amount of cash, etc. during the number of times, has access to the victim and acquired the money by fraud.

On May 12, 2014, the Defendant: (a) around May 12, 2014, at a mutual influent restaurant in the new world department store of Seocho-gu Seoul Metropolitan Government, the Defendant would make an investment in the company’s premium in which the Defendant is in charge of the Defendant to pay the victim the amount of money that the Defendant received influence insurance in the daily salary outside the basic salary due to temporary retirement from office. (b) By investing in the company’s premium in the shop where he is in charge of the daily salary, the Defendant would offer a public charge of KRW 10 million per month and bring the proceeds in the amount of KRW 40,000 per month.

“A false representation was made.”

However, in fact, the Defendant did not have worked as an executive officer at the time, and there was no clear occupation or income, and there was no other property owned, and there was an obligation to pay personal loan amounting to approximately KRW 700 million, and thus, even if the Defendant received money from the injured party, he did not have the intent or ability to pay the principal, interest, or profit agreed upon to by the injured party properly.

Nevertheless, the defendant deceivings the victim as above and receives 20 million won on the same day from the victim, 20 million won on the same day, 30 million won on the 14th day of the same month, and 70 million won on the 14th day of the same month from the defendant's national bank account.

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