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(영문) 수원지방법원 안양지원 2016.11.01 2016고단590

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 18, 2009, the Defendant was sentenced to one year of imprisonment for fraud at the Suwon District Court, and the judgment became final and conclusive on the 26th day of the same month. On May 6, 2010, the Daejeon District Court was sentenced to two years and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on July 8, 2010. On July 11, 2013, the judgment became final and conclusive on July 19, 2013, after being sentenced to two years of suspension of execution, etc. for a criminal offense from the Suwon District Court's Gyeyang Branch Branch for ten months of imprisonment for fraud.

【Criminal Facts】

The Defendant disposed of his/her own property, provided a fund of KRW 70 million, and started the said credit business. At the time of the commencement of the loan business, the Defendant was in a situation where the Defendant borrowed money from other persons including the victim of this case without any particular property and operated the loan business without any recovery of claims. Therefore, it was difficult to repay the borrowed money without any smooth recovery of claims. Since the debt incurred from September 2002 due to the fact that the recovery of claims was not conducted smoothly, it was difficult to normally operate the credit business including the amount of KRW 3.3 billion from September 2006, and it was difficult for the Defendant to pay interest to the existing creditors and to normally operate the credit business due to the fact that there was no intention or ability to repay the principal, other than the interest, even if he/she borrowed money from other persons.

Around July 2008, the Defendant made a false statement to the effect that the Defendant would pay the principal by paying two additional interest to the victim at the Dju points operated by the victim in Ansan-gu, Ansan-si, and received from the victim the remittance of KRW 50 million on July 10, 2008, KRW 500,000 on July 18, 2008, KRW 18,000 on July 18, 2008, KRW 250,000 on July 22, 2008, KRW 200,000 on September 12, 2008, KRW 400,000 on September 12, 2008, and KRW 5 million on October 6, 2008, as well as KRW 500,000 on October 10, 208.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police concerning B;