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(영문) 인천지방법원 부천지원 2015.11.27 2015고합258

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On April 23, 2008, the Defendant made a false statement to the victim D's house located in Seo-gu Incheon Metropolitan City C Apartment 501 Dong 202, stating, "If he/she lends money to the Defendant, he/she would make a provisional registration in the name of the victim and return the principal by paying interest at 3% per month after making an investment in the secured building, such as making a safe loan in the name of the victim."

However, the Defendant had no occupation at the time, and did not know of the place of investment in which high profits are guaranteed. After borrowing funds from the victim, the Defendant operated the funds by using the borrowed funds as a prompt name, which is a method of paying interest to other creditors, and planned to use the funds for personal purposes, such as living expenses, etc., and there was no intention or ability to deliver profits and principal through investment even if borrowing funds from the victim.

The Defendant received KRW 10,00,000 from the victim, namely, from the victim at the seat to December 17, 201, for the purpose of borrowing KRW 6,376,510,000, respectively, from the victims, by deceiving eight victims over a total of 156 times as shown in the list of crimes in the attached Table from the time to December 17, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and D;

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

1. Each specification of transactions and account transactions in suspect's name;

1. Suspect preparation pocket book;

1. Application of Acts and subordinate statutes to a prosecution investigation report (specific matters, such as arranging statements of victims and fraud amount);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (including the fact of fraud of 500 million won or more, and each victim), Article 347 (1) of the Criminal Act (including the fact of money fraud, the fact of money fraud, and the choice of imprisonment by victim), respectively, for each type of crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;