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(영문) 대전지방법원 천안지원 2018.10.10 2018고합113

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

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

Reasons

Punishment of the crime

"2018 Gohap 113"

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), around April 16, 2012, would have the victim D's house located in Asan City C, and would have the victim borrow money to pay for the operation funds, and would have the victim gain interest on a monthly basis by lending the money to the above hospital.

“.....”

However, the defendant did not think that the above money will be financed by the operating fund of the E Hospital, and some of the others used for the personal purpose of the defendant, and the remaining amount would have been repaid to the victim as if they were the proceeds from lending money to the E Hospital, and there was no intention or ability to repay the money as agreed even if he borrowed money from the victim.

Nevertheless, the Defendant, as seen above, received KRW 20 million in total from the Defendant’s agricultural bank account (F) in the name of the Defendant on the same day as the loan money from the victim, and received KRW 1,107,950,400 in total from the same day until December 29, 2017 by the same method from December 29, 2017.

2. On May 24, 2017, the Defendant would compel the victim G to receive interest on five (5) months if he/she lends money to a person related to a shipbuilding yard at a occinal place.

“.....”

However, the defendant did not have an intention or ability to pay the money as promised even if he borrowed the money from the injured party, because he did not think that the above money would have been used for the repayment of his existing debt, etc. to the person concerned in the shipbuilding.

Nevertheless, the defendant deceiving the victim as above and received 12 million won from the Agricultural Cooperative (H) account in the name of the defendant on the same day as the loan money from the victim, and from that time until April 25, 2018.