(영문) 수원지방법원 평택지원 2016.07.27 2016고합66

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(영문) 수원지방법원 평택지원 2016.07.27 2016고합66

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant had the mind that the victim E, who is one of his Chok D and friendly relatives, was unable to recover 600 million won of the purchase price of the building from D, to obtain money from the damaged party.

On June 25, 2010, the Defendant called the victim on the land in France and sold the nine parcels of land to F and is expected to receive the price of ten billion won.

F was a large amount of money in Japan, and it is necessary to pay money rapidly after entering Korea with six trillion won.

The loan of money shall be used to recover the above 6 trillion won from the F, and if the 6 trillion won is recovered, the money shall be paid with the payment of 10 billion won from F.

The Party stated that the Party shall pay 600 million won, as the Party shall be entitled to receive from D.

However, in fact, F was dead, and the defendant did not own nine parcels of land and did not have any special property, so even if he received money from the injured party, he did not have any intention or ability to complete the payment.

Nevertheless, the defendant deceiving the victim as above and received KRW 10 million from the victim to the account (G) opened in the name of the defendant on the same day as the loan money from the victim, as well as from around that time to December 31, 2010, the defendant paid KRW 794 million in total over 68 times as shown in the annexed crime list.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Inquiries into payment notes and transaction details;

1. Investigation report (report on the review of details of account transactions with a national bank under the name of a suspect), - The details of personal financial transactions;

1. Investigation report (report, such as the filing of records on the transactions of the National Bank that files an accusation and the confirmation of the amount of damage), - Application of Acts and subordinate statutes on the details of transactions;

1. Aggravated punishment, etc. of the former Specific Economic Crimes for the crime.

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