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(영문) 광주지방법원 2014.08.29 2013고합536

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. On February 14, 201, the Defendant provided 150,000 won to the victim F on the second floor of the “I restaurant” in the operation of the H located in Namyang-si, Namyang-si, that “If the Defendant lends KRW 100,000,000 to the victim F, only six months shall be used and plus 50% of the principal, 150,000,000 won shall be offered as security; and one Chapter I would provide 5,00,000 won as security; and one Chapter I would provide 100 copies of the sealing certificate issued in the Jan Park as security and provided 100,000 won to the Defendant’s Gwangju Bank account (Account Number: K) around September 22, 2011, the Defendant received 10,000,000 won in total from the Defendant’s Gwangju Bank account from around the 15th of the same month, and received 10,000 won in total from September 222, 2011.

However, in fact, since L is not the ownership of the Defendant since L was delivered as a substitute for investment money to the Jmomo Park, there was no right to offer the Defendant as security, and it was difficult to exercise the property right due to the creation of a collateral on real estate in the name of the Defendant. At that time, M was 300,000,000 won to N, 300,000,000 won to P, Q, 200,000,000 won to Q, and 100,000,000 won to R, and 150,000,000,000 won to L, and 70,000,000,000 won to T, and 300,000,000,000 won to U, and 300,000,000 won to U, 200,000 won to repay money to P, but it was difficult to view it as a total financial situation.

As a result, the defendant deceivings the victim by the above method, and acquired 875,000,000 won in total from the victim as the borrowed money.

B. The Defendant committed a crime against the victim W.