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(영문) 의정부지방법원 고양지원 2020.01.14 2019고합54

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for eight years.

Reasons

Punishment of the crime

The fraud against the victim B [2019Kahap555] Even if the Defendant did not have any specific property and borrowed money from the victim as a cost of living, it was thought that the Defendant would take it out at the cost of living, and did not have any intent or ability to repay the principal and interest by buying and selling hospital. However, around 10:30 on December 18, 2007, the Defendant acquired KRW 5 million from the victim, including KRW 30 million related to boiler supply cases, in a sum of KRW 250,50,000,000,000,000,000,000 won, as stated in the separate sheet as above, from around that time to January 30, 2010.

The Defendant, along with F, embezzled on the part of the victim E [2019Dahap211], was in charge of performing duties such as testology and fund disbursement related to facility construction as the head of the planning office of the H Council opened from Kimpo-si G, Kimpo-si. On April 16, 2010, the Defendant: (a) received 11 million won from the victim to the I Account in the name of the Defendant for construction expenses; (b) deposited 7 million won in the J account under the name of the J account; and (c) embezzled on seven occasions from July 27, 2010 by arbitrarily using 41,968,370 won, such as the list of crimes in attached Form (2).

The fraud against the victim E [2019Da115] The defendant did not lend money to a person who is true, and even if he/she borrowed money from the victim, he/she did not have the intent or ability to repay, the above H H H H H H H's convenience store on July 29, 2010 and the victim can receive the money from the victim until August 2, 2010, and thus, he/she borrowed KRW 10 million from the victim.