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(영문) 청주지방법원 2017.05.12 2016고합219

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

[criminal history] On August 11, 2011, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Goyang Branch of the Jung-gu District Court, and on February 1, 2012, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Jung-gu District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on January 17, 2014.

[Criminal Facts] around March 2014, the Defendant: (a) sent the victim who was seeking the sale of the said trading hole to the E trading hole operated by the victim D located in Ansan-si, Ansan-si; and (b) sold to the victim at the high price of the trading hole to the victim after the introduction of the victim who was seeking the sale of the said trading hole.

In other words, “this is well known to the KBSF, so it is said that it will leave high profits if it is invested in the KBS advertising through F.”

However, even if the defendant was not well aware of the KBS F and received money from the injured party, he did not have any intention or ability to leave high profits to the injured party by investing in the KBS advertising.

The Defendant, as such, by deceiving the victim and receiving KRW 3,500,000 from the victim on March 25, 2014, under the name of KBS advertising funds, from the victim, received KRW 3,500,00 from the Agricultural Cooperative Account (G) under the name of the Defendant, and received KRW 660,608,00 in total over 152 times from March 31, 2015, as shown in the attached list of crimes from March 31, 2015.

In June 2016, the Defendant knew that he/she was unable to obtain a loan by taking out as collateral the above I land from the victim H, I, and IV, he/she was aware of the fact that he/she was unable to obtain a loan by taking out as collateral the above I land from the victim H, I, and IV, he/she was aware of in the process of introducing a person who was aware of in his/her knowledge of the 2017 senior 30, and attempted to borrow money to use it to repay the debt he/she had been on other persons at the time.

On June 23, 2016, the Defendant called the victim at a non-permanent place and received 7% of the fee of KRW 1 billion for additional KRW 3 billion from the loan existing 3 billion, and the fee is paid in advance.