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(영문) 대구지방법원 포항지원 2019.08.29 2019고합26

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around March 2017, the Defendant made a false statement that “I would lend money to I, if I would lend money to I, I would be able to another person to receive any interest,” while in the victim D’s currency, I would be able to lend money to I, and at the same time, I would be able to receive more interest.”

However, the Defendant merely intended to repay obligations to other obligees, such as E and F, with the money received from the above victim, and to pay back money again from the obligees with the intent of “refluence”. Thus, even if he/she borrowed money from the above victim, he/she did not have any intent or ability to repay the money.

Around March 9, 2017, the Defendant received KRW 10 million from the G account (Account Number:H) opened in the name of the Defendant on or around March 9, 2017.

In addition, from around that time to June 26, 2018, the Defendant, as indicated in attached Table 1 to attached Table 3, was accused of KRW 1,403,00,00 in total, KRW 11,00 in total, KRW 361,00 in total, and KRW 27 times in total, KRW 959,00,00 in total, and KRW 3-10 in total, KRW 83,000 in total, and KRW 48 times in total.

Accordingly, the Defendants were informed of the victims and received property from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, I, and J;

1. Investigation reports (related to details of transactions of suspects), investigation reports (related to the amount of damage and the amount remitted);

1. Annexing to the K Chang branch replies (trade account with complainants), post office replies (trade account with complainants), investigation report (transfer statement attached), investigation report (transfer statement attached), and inquiry into the results of transfer;

1. Application of Acts and subordinate statutes governing the adjustment of the amount deposited to the complainants I and the suspect divided into mobile phone mail, the details of the conversation, the receipt of deposit in D, the amount remitted to the complainants I, and the amount deposited;

1. Criminal facts;