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(영문) 수원지방법원 2018.05.04 2018고합59

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Experience] On August 11, 2017, the Defendant was sentenced to one year and two years of suspension of execution as embezzlement at the Suwon Friwon, and the above judgment became final and conclusive on August 19, 2017.

[2] In the coffee shop located in Seongbuk-si, Sungnam-si, around July 15, 2016, the Defendant: (a) in fact, the Defendant did not receive any special income from bad credit holders; and (b) was thought to be used for the repayment of existing debts, entertainment and living expenses, etc.; (c) however, the Defendant purchased oil at a fixed oil company at a low price; and (d) was able to receive money from the injured party E by means of selling money at a low price.

On July 19, 2016, when receiving money from the injured party, he/she received 10 million won from the injured party to the F account used by the Defendant on the same day as the borrowed money, and continuously received money from the injured party on July 19, 2016, “I would make two times within 2 years after selling the money when the oil price is erroneous,” and he/she received 200 million won from the injured party as the F purchase price for oil, such as receiving 20 million won from July 15, 2016 to September 6, 2016 as the sum of 79,400,000 won as stated in the attached crime list from July 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to E and H:

1. Details of each account transaction, a certificate of borrowing, an account transaction (F NongHyup Account), a copy of a check, a account transaction (E Bank), a customer’s basic information inquiry, and account transaction details (G);

1. Recording records;

1. A report on investigation (report on details of monetary transactions between a suspect and a victim);

1. Previous convictions: A written inquiry about criminal history, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying the statutes of the judgment;

1. The former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Act No. 1504, Dec. 19, 2017) for criminal facts.