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(영문) 춘천지방법원 영월지원 2015.03.19 2015고합1
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for one year.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

On January 24, 2013, the defendant was sentenced to four years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on February 1, 2013.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said that “If a loan company operated by it in Korea lends money to the victim C at the expense of Suwon-si and below the early October 201, the Defendant would pay 2% interest on the loan company and pay it within one month at the time of request for return.”

However, in fact, the Defendant was expected to use the money received from the victim due to excessive liabilities for repayment of obligations to others, and thus, the Defendant did not have any intent or ability to repay the money even if borrowed from the victim.

Nevertheless, the Defendant received KRW 50 million from the victim on October 6, 201, as the borrowed money, on or before the end of the foregoing false statement.

From that time to April 4, 2012, the Defendant received a total of KRW 779,100,000 from the victim over 13 occasions as shown in the annexed crime list (1).

2. On September 201, 201, the Defendant stated that “The Defendant would pay 2% interest per month when the Defendant borrowed money from a lending company run within the country to the victim D, and would repay it within one month at the time of the request for return.”

However, in fact, the Defendant was expected to use the money received from the victim due to excessive liabilities for repayment of obligations to others, and thus, the Defendant did not have any intent or ability to repay the money even if borrowed from the victim.

Nevertheless, the Defendant received KRW 6 million from the victim on September 22, 201, as the borrowed money, around September 22, 201.

From that time to May 2, 2012, the Defendant received a total of KRW 340,00,000 from the victim over 11 times, as shown in the list of offenses (2) in the attached Table.

Summary of Evidence

1. The defendant's oral statement;

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