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(영문) 서울동부지방법원 2016.10.18 2016고단1564

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 30, 2013, the Defendant was sentenced to 10 months of imprisonment for fraud in this court, and the execution of the sentence was terminated on June 3, 2014, and on March 25, 2016, this court was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on June 16, 2016.

At the time of November 1, 2014, the Defendant, as a bad credit holder at the time of the Defendant, was liable for a debt equivalent to KRW 100 million, and was not in a situation in which interest income equivalent to 10% of the principal of each month was obtained through interest play with merchants, and was not in a situation in which real estate was purchased to the extent that it was paid by the victim, and even if the Defendant was paid money from the victim, the Defendant did not return the interest and principal of the high interest rate as agreed, or did not have the intent or ability to purchase the profit-making land or apartment for

Nevertheless, the Defendant, at the D shop located in Songpa-gu Seoul Metropolitan Government on the same day, told the victim E to the effect that “The Defendant received interest at an amount equivalent to 10% of the principal of each month by playing interest play against the merchants of the Gambling-dong market. If the Defendant sent the payment, he/she shall pay interest at an amount equivalent to 10% of the principal of each month and shall also guarantee the principal.” The Defendant received KRW 7 million from the victim to the account in the name of F on the same day.

In addition, from that time until November 15, 2015, the Defendant received a total of KRW 14,9866,00 from 32 times to 32 times by borrowing high interest rates or real estate investment as shown in the attached Table of Crimes.

Summary of Evidence

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and G;

1. A complaint, each liquidity trading protocol (FF new bank account), investigation reports (to be attached to the perusal of case invoices), investigation reports (to be attached), investigation reports (to be heard by complainants), and inquiries into details of financial transactions;

1. Records before judgment: Criminal records, etc., inquiry reports and individual identification;