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(영문) 서울서부지방법원 2017.01.25 2016고합175

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

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

Reasons

Punishment of the crime

[Criminal record] On October 16, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Southern District Court, which became final and conclusive on October 23, 2015.

[Criminal facts] 2016 Gohap 175

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) around September 30, 201 to the victim F at the “E” coffee specialty store near Mapo-gu Seoul National University.

In return, 30 million won will be loaned until April 30, 2012.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any idea to produce Drama “G” at the time, and had a large amount of debt to another person and had to repay the debt by the so-called “return prevention” method with the money borrowed from the injured party. On the other hand, even if the Defendant borrowed money from the injured party without any special fixed income, it was not able to contribute the injured party to Drama “G”, and there was no intention or ability to repay the borrowed money until the due date.

Ultimately, on September 30, 201, the Defendant: (a) by deceiving the victim as above; (b) received 6,300,000 won from the account of our bank account (J) in the name of Defendant H (one pre-name: number number) from the victim for the loan around September 30, 201; and (c) received 576,837,000 won from the time until July 21, 2015 in total from July 41, 2015; and (d) received 546,837,00 won from the victim by deceiving the victim and then transferred 576,837,00 won in total over 41 times in total from the victim to the victim; (b) it is reasonable to deem that the Defendant was guilty, excluding 3,000,000 won in total discharged by the prosecutor, as stated in the list of crimes in the attached Table. However, it is reasonable to recognize the difference between the Defendant and the Defendant’s performance.

. . ... (/g) by fraud.