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(영문) 부산지방법원 2018.09.14 2018고합187

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment for six years.

An applicant for compensation shall be dismissed.

Reasons

Criminal facts

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) led to the Defendant to lose a lot of money while gambling at the illegal sports soil site from around 2013, and as a result, the money to be betting was needed to recover the money, the Defendant deceiving the victim B (the 67-year-old age), who was friendly, to use the money for gambling money.

On April 13, 2015, the Defendant called the victim at an unclaimed place on April 13, 2015, and asked to lend KRW 3.5 million to the victim who could be detained if the fine is not paid due to the absence of money. The Defendant would receive a traffic accident agreement and pay it in full.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant did not have to pay a fine of five million won due to driving under drinking, and there was no intention or ability to pay the fine even if he borrowed money from the damaged person due to no special property or income at the time.

The Defendant, as such, by deceiving the victim, received KRW 2.5 million from the victim’s account (Account Number: E) in the name of the Defendant from the victim, and received the total sum of KRW 2,306,230,000 from the above day to December 2, 2017, as shown in the list of crimes in attached Form 397, from the above day to December 2, 2017.

2. On February 3, 2017, the Defendant who forged a private document or carried out the said investigation document: (a) requested the victim to reverse the contract at home because the guarantee insurance company failed to properly handle the entrusted business of selling and purchasing real estate entrusted to the previous guarantee insurance company; (b) made the guarantee insurance company’s custody of KRW 1150 million in an electronic currency; and (c) made the cash cash of the electronic currency with a deposit and commission; and (d) lent money with the need for deposit and commission, he/she will fully repay the money borrowed by cashing the electronic currency.

“Along with the receipt of money from the injured party on several occasions by deceiving “the victim”, and around October 2017.