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(영문) 수원지방법원 성남지원 2019.09.05 2018고합195

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant shall be punished by imprisonment for a term of two years and four months.

Reasons

Criminal facts

On December 7, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, which became final and conclusive on December 15, 2017.

On August 8, 2016, the Defendant stated, at the mutual infinite coffee shop located in Dongdaemun-gu Seoul, that “Infinitely, the Defendant would engage in the credit business at Sungnam, and the income would be strict. There is insufficient money for the Defendant to buy a good bond that is repaid. If the Defendant borrowed money, he would receive a claim with the money.” However, even if the Defendant borrowed money from the victim, he was willing to use it for the repayment of personal debt, etc., and there was no intention or ability to pay the victim a profit.

Nevertheless, on August 30, 2016, the Defendant acquired 541,810,308 won in total from 43 times until April 15, 2017, including remittance of KRW 8,000,000 from the Defendant’s bank account under the name of the Defendant from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A detailed statement of deposit and withdrawal transactions, and a copy of account transactions;

1. Previous records: Application of Acts and subordinate statutes on criminal records, written judgments, and search pictures of consolidated cases;

1. Relevant 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 crime, inclusive;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation - The Defendant, by deceiving the victim, acquired a large amount of money equivalent to KRW 540 million by deceiving him/her, and given considerable time to reach an agreement as much as damages have not been repaid up to the present, but did not submit any additional payment data up to the present. On the other hand, the Defendant was used as a means of deception that all of the crimes have been committed.