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(영문) 제주지방법원 2017.09.21 2017고합71

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The defendant working for the defendant who is in Seopopo City C in June 2012.

D In the hotel “E casino”, 3% of the principal will be paid as interest if the victim F who is a son lends money to the victim F.

“The purport was to the effect that “.....”

However, the Defendant was in a situation in which the loan business operated at the time was no longer able to make profits, and there was a lot of damages in the process, and even if the Defendant borrowed money from the injured party, he did not have the intent or ability to repay the borrowed money to the victim F.

Around June 22, 2012, the Defendant deceptioned the Victim F and transferred KRW 10,00,000 from the above victim to the Defendant’s account under the name of the Defendant. Around that time, from around November 15, 2016 to around November 15, 2016, the Defendant acquired each of the pertinent money indicated in the “amount of damage” column in the attached crime list from both the victim F, G, H, I, I, and J and 5 through 33 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, J, I, and G;

1. Detailed statement of deposit transactions, detailed statement of receipt transactions, details of deposit transactions, inquiry about liquidity transactions, and application of Acts and subordinate statutes on received transactions;

1. Article 347(1) of the Criminal Act including the following facts: (a) relevant legal provisions on the facts of the crime and each fraud against the victim G with the choice of the punishment; (b) comprehensively including the fraud against the victim F 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; and (c) Article 347(1) of the Criminal Act including each fraud against the victim H / [the choice of imprisonment] Article 347(1) of the Criminal Act / [the choice of imprisonment] Article 347(1) of the Criminal Act including each fraud against the victim I / [the choice of imprisonment] Article 347(1) of the Criminal Act / [the choice of imprisonment] Article 347(1) of the Criminal Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;