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(영문) 서울서부지방법원 2015.09.09 2015고합199

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

In fact, the Defendant did not have any property, nor did he receive a certain amount of income, nor did he receive a large amount of income from China. Therefore, even if he borrowed money from the victim C, the Defendant did not have any intention or ability to repay it.

Nevertheless, around February 23, 2014, the defendant concealed the above facts in the victim's house located in Eunpyeong-gu Seoul and 205, and acquired large amount of property from the victim's children in Jeju Island, and acquired inherited property 210 trillion won from the victim's children to the high-ranking public officials, such as Cheongdae, the court, the Ministry of Strategy and Finance, the Bank of Korea, the National Intelligence Service, the National Tax Service, the Korea Customs Service, and the Korea Customs Service, etc. in order to bring it into Korea from China.On February 23, 2014, the defendant received 150 billion won out of inherited property 210 trillion won as Korean national bonds and received 25 percent of the total amount of KRW 37 trillion,50 billion among them, and also borrowed 20 trillion won in cash from the victim to the victim's children, and then he received 20 billion won in total from the victim's 200 days to the victim's 2005.6.5 billion won from February 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of prosecution and police officers concerning E;

1. The prosecutor's office and the police's statement concerning C;

1. The police statement concerning F;

1. Application of the detailed statement of transactions by account, transaction details by account, transaction details by receipt period, suspect A’s G account details by bank, and the Acts and subordinate statutes on H account transactions by suspect A bank;

1. Grounds for sentencing 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 for the relevant crime;

1. The scope of recommendations according to the sentencing criteria (the type of crime);