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(영문) 서울중앙지방법원 2013.12.20 2013고합1161

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 10, 2012, the defendant was sentenced to a suspended sentence of two years on January 23, 2013 in the Seoul Central District Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

On January 20, 2011, the Defendant stated, in collusion with C, that “In F legal offices working for victims E on the fourteenth floor of the D Building in Jung-gu Seoul Metropolitan Government, the Defendant would immediately pay back the said amount of the investment if the funds are lent to the victim by January 30, 201.”

However, in fact, since the above prime trading business did not run properly, G does not flee overseas on November 2010, and the defendant and C were urged to repay the debt amounting to KRW 700 million borrowed from the bond business operator due to the fact that the defendant and C were willing to repay the debt to the above bond business operator by borrowing money from the victim, so even if borrowed money from the victim, they did not have the intent or ability to repay it at once.

As such, the Defendant conspired with C by deceiving the victim, and received 450 million won from the victim to the bank account in the name of the Defendant on the same day as the loan money, and received 300 million won in total from one bank account in the name of C to transfer 750 million won in the name of one bank account.

Summary of Evidence

1. Partial statement of the defendant;

1. The records of the prosecutorial statement against the defendant, and some of the police statements;

1. Statement of each police statement of E and H;

1. A criminal investigation report (a copy of a copy of a deposit in the account);

1. Copy of each protocol of examination of the witness in relation to C and G of the Seoul Central District Court 2012 Gohap894 case;

1. Gutical notes (as of February 28, 2011), cash teas, written judgments (Seoul Central District Court Decision 2012Gohap894-1);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and respective written judgments (Seoul Central District Court 2012 High Court 894-1, Seoul High Court 2012No3570);

1. Criminal facts;