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(영문) 창원지방법원 통영지원 2017.12.14 2017고합77
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A person shall be punished by imprisonment with prison labor for not less than six months, or by imprisonment for not more than two years, for a crime of No. 2 or 3 as stated in the judgment of the defendant.

(b).

Reasons

Punishment of the crime

[Criminal record] On July 15, 2014, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on April 30, 2015.

[Criminal facts]

1. Around August 2013, the defrauded: (a) the Defendant called the victim’s phone call from Daejeon Franchising area; and (b) the Defendant made a false statement as if he/she would give priority to payment of the victim’s money to the Defendant when he/she sold the money to the Defendant, stating, “I would like to settle the creditors who run rapidly and rapidly. I would like to get the creditors who run franchising, work and pay the money from the end of December 2013 to the early police officer from the end of early 2014.”

However, under the circumstances where the principal amount of the obligation exceeds KRW 500 million due to the fraud at the time of sale, the Defendant did not have the intent or ability to complete payment even if he borrowed money from the damaged party due to the fact that he did not take part in the business of door-to-door sales of cosmetics or the real estate office and did not

The Defendant, as such, by deceiving the victim, received KRW 8 million from the injured party on August 23, 2013, and received KRW 150,500,000 from that time to May 1, 2014, including the issuance of KRW 180,000,00 from that time, to that time, the Defendant received delivery of KRW 180,000,000,000 from that time.

2. On March 17, 2017, the Defendant stated that “The Defendant would pay the principal and the profits to the Defendant for one week after making an investment of KRW 35 million per unit deposit to the victim of the Incheon Song-do International City E Officetel, which was sold in lots in the city of Song-do International City E Office, Incheon, and the principal and the profits to the Defendant for one week after making an investment of KRW 35 million per unit deposit.”

However, the defendant did not fully participate in or invested in the Incheon Metropolitan Etel sales business at the time of Incheon Metropolitan City, and there was no intention or ability to pay the principal and the profit even if he received money from the injured party under the pretext of investment.

The defendant deceivings the victim as above and makes investments in five officetelss from the injured party.

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