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(영문) 서울북부지방법원 2012.12.28 2012고합489

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

At the time when the Defendant borrowed money from the victims, the facts are difficult to pay the monthly salary for employees because the restaurant operated by the Defendant was operated continuously from around 2005 to the nearest, and there was no special property in its own name, while there was real estate owned by the Defendant’s husband. However, even if the Defendant’s husband’s property was disposed of very thoroughly in the management of money, it is very low that the Defendant would be allowed to pay the Defendant’s personal debt due to the nature of the husband’s property. In the end, the Defendant continues to lend a large amount of money without any plan for repayment, and eventually bears a burden on other persons, including high interest bonds.

From around 2007, even if there is no intention or ability to repay the interest due to the fact that the fact that the principal is not repaid and only the interest is continuously increasing, it is difficult to pay the interest due to the so-called return form on the wind, but it is hard to say that there is a victim who is anticipated to be able to repay the money by disposing of real estate and receive the money as follows.

1. Around August 28, 2007, the Defendant received KRW 20 million from the victim to September 27, 2011, the Defendant acquired KRW 94,9205,000,00 from the victim’s house of Dongdaemun-gu Seoul Metropolitan Government F apartment 102 Dong 101 and 101 (the age of 80 years) to the effect that “the Defendant entered a large amount of money due to the expenses for treatment in South and North Korea, the expenses for studying in the Republic of Korea, etc.” and received KRW 20,000,000 from the victim to September 27, 2011.

2. The Defendant around March 29, 2008, at the home of the victim I (Inn, 77 years of age) of Dongdaemun-gu Seoul, Dongdaemun-gu Ha (A) Dong, 1102.