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(영문) 서울중앙지방법원 2015.11.12 2015고합180

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) came to know of victim E through Internet hosting around October 2005, and lived with the victim from around October 2007 to September 201, and maintained a friendly relationship while continuing to contact with the victim.

On November 4, 2005, the Defendant called the victim and demanded that the victim pay or loan money over several occasions to the victim under the pretext of business funds, etc., including, but not limited to, a false statement that “F the President sent the number and funeral expenses that are less than three million won, as the need for funeral expenses arises.” The Defendant received KRW 3 million by falsely expressing the friendship with the deceased, such as the President, and demanded that the victim pay or loan money on several occasions.

However, even if the defendant received money from the victim as a business fund, etc., he tried to consume it with living expenses or credit card use fees, etc., not with business fund, and there was no friendly relationship with the President, etc., and there was no intention or ability to repay the money borrowed from the victim due to no special property.

Nevertheless, among the amount indicated in the [Attachment 10, 12, 13] Nos. 13, 58,500,000 won, the Defendant is not guilty of the following:

2.(b)

3) If the portion of KRW 58,50,000 as stated in the above is excluded from the sum of KRW 10,000,000,000,000,000,000,000,000,000,000 for eight times from May 11, 2007 to October 15, 2007, the guilty portion is the sum of KRW 25,26,27,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

2. On December 14, 2010, the Defendant, at the “H pharmacy operated by the victim E (V, 50 years of age) in Seongbuk-gu Seoul Metropolitan Building,” and at the “H pharmacy operated by the victim E (V, 50 years of age), he/she wishes to pay a full amount of KRW 6 million to others, and then, he/she is a string toy displayed in the above pharmacy.