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(영문) 청주지방법원 2016.08.19 2016고합70

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

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

The defendant will pay 53,630,000 won to the applicant D.

Reasons

Punishment of the crime

[2016 Gohap 70] Defendant 1 called the victim F at a place not opened to the first police officer on September 2011, 201, to add a high interest rate to the principal by lending money to B at another place.

The phrase “ makes a false statement.”

However, in fact, since the Defendant had a large amount of debt at the time and prevented a return of money from lending money from other persons, he/she tried to use the money for repayment of other debts from the damaged party, and there was no intention or ability to pay interest and principal even if he/she borrowed money from the damaged party due to no particular property or income.

On September 5, 2011, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 9.6 million to the victim via the account in the name of the Defendant (G before the opening of the name) under the pretext of the borrowed money.

In addition, the Defendant received a total of KRW 734,740,000 from the victimized person on a total of 76 occasions as stated in the list of offenses (1) from March 26, 2012, from around 76.

Accordingly, the defendant was given property by deceiving the victim.

"2016 Gohap 88"

1. On July 21, 201, the Defendant committed fraud against the Victim H by phone calls to the Victim H at a non-permanent place on July 21, 201 and adding a high interest rate to the principal by lending money to B at another place.

The phrase “ makes a false statement.”

However, in fact, the defendant tried to use money from the injured party for repayment of other debts, and there was a total of 20 million won debt, and even if he/she borrowed money from the injured party due to no particular income, he/she did not have the intention or ability to repay it.

As such, “20 million won” as stated in the indictment of the case No. 88 of 25 million won in the name of the Defendant (former G G G prior to the opening of the name) by deceiving the victim and deceiving the victim on the same day, shall be the investigation records of the above case.