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(영문) 의정부지방법원 2018.06.29 2018고합117

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is between the victim C and the middle school and the very kind of friendship.

From October 4, 2012, the Defendant stated that “The Defendant shall pay the victim with the purchase price of building materials, give interest at 2% per share of the loan of money, and make payment within three months if there is a request for a change in the payment.”

However, the defendant did not proceed with the building material business at the time, and even if he borrowed money from the victim, he did not have any intention or ability to pay the victim's money because he planned to use it as personal debt, entertainment expenses, living expenses, etc.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 40,000,000 from the victim’s new bank account (D) in the name of the Defendant; and (c) received from that time until May 23, 2016 a total of KRW 975,00,000 from that time until May 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police against C;

1. To refer to account transaction details, process original deeds, verification of transaction details, and inquiries about transaction details;

1. Inquiry into details of account transactions, application of Acts and subordinate statutes to NIC Evaluation Information Co., Ltd., and investigative reports (victims);

1. The reason for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. The scope of punishment by law: Three to thirty years of imprisonment;

2. Application of the sentencing criteria [Type Determination] There is no type 3 (not less than 500 million won, less than 500 billion won) (any person subject to special sentencing] (the scope of decision and recommendation in the area of recommendation] of the basic area, 3 years to 6 years of imprisonment.

3. The Defendant, who was a friendly relative for a long time, acquired money from a person who was a victim of a long-term relationship on several occasions as a business fund.

The victim is unable to pay the defendant a loan, and it is difficult to do so, such as home extinguishment, closure, etc.