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(영문) 서울북부지방법원 2015.01.09 2014고합105
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On May 2, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for fraud in the Chuncheon District Court's original branch on May 22, 2012, and the judgment became final and conclusive on October 31, 2012.

1. Around June 15, 2007, the Defendant against the victim C made a false statement to the victim C at the office of the victim C in the 5th floor of Ansan-gu D Building in Ansan-gu, Busan-si, Seoul-si, that “The Defendant would have newly constructed and operated the F Hospital with E, and will be the actual owner of the hospital in the future. In order to use it as the hospital construction cost, the Defendant created KRW 26 billion with the fund to use it as the fund for the hospital construction cost, and the amount of interest on the fund is insufficient to pay for the fund fund and thus, he would have repaid the fund without the molding of KRW 50 million.”

However, the Defendant had no particular property, and there was a need to pay 10 billion won or more per month interest on personal debts of 1 billion won or more, and even if the Defendant borrowed money from the victim and borrowed money from the victim, he did not have any intention or ability to complete payment.

On June 15, 2007, the Defendant: (a) by deceiving the victim; (b) transferred KRW 250 million to a new bank account in the name of G used by the Defendant under the name of G; (c) received KRW 250 million by cashier’s checks on the same day; (d) around July 23, 2007, transferred KRW 300 million to the said new bank account under the name of G and acquired by defraudation of KRW 80 million.

2. Around November 10, 2010, the Defendant made a false statement to the victim H that “The Defendant would pay 70 million won, if he/she borrowed 70 million won as he/she is in need of pay, he/she will do so within a short period of time.”

However, the defendant has no particular property, and there was a need to pay more than KRW 0,000 per month interest on his personal debt, including his debt to the above C, and the money borrowed from the victim is also used for the repayment of the existing debt or for the investment with the partner.

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