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(영문) 대전지방법원 서산지원 2014.02.06 2013고합62

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, around July 30, 2007, lent KRW 20 million per annum to the Victim F at the E judicial scrivener office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and then paid the borrowed money to the Victim F by January 30, 2008. If the Defendant did not pay the borrowed money within the due date, the Defendant made a false statement that he would transfer the ownership of H-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, that is jointly owned with the G. If he did not pay the borrowed money within the due date, the Defendant would transfer the ownership of H-gun’s forest.

However, since the defendant did not have any special property or income, and the forest land owned by the above G cannot be transferred to the victim's ownership, there was no intention or ability to repay the borrowed money even if it was borrowed from the victim.

The Defendant received KRW 680,000,000,000 from the victim around July 31, 2007, in total from the above date to January 21, 2010.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement concerning F;

1. Investigation report (except for the case one other than the case), investigation report ( telephone call from a witness), investigation report (the leakage of a suspect or G excursion ship investigation);

1. Application of two Acts and subordinate statutes to payment contracts in kind, Cash Receipts, Copies of cashier's checks, copies of bills of transactions by account, and copies of promissory notes;

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 criminal facts;

1. The scope of punishment by sentence: Imprisonment for not less than three years;

2. The scope of recommendations according to the sentencing guidelines (decision of type) shall be limited to the range of recommendations (decision of type) in accordance with the sentencing guidelines, the amount of not less than 500 million won by general fraud, and less than 5 billion won (special person) - the victim of the mitigation element shall also be reasonably responsible for the occurrence of the crime or the expansion of damage, and where the victim repeatedly committed the crime over a considerable period of time for the aggravation element (decision