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(영문) 인천지방법원 부천지원 2017.08.11 2017고합53
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), calls from the victim C at a place where it is impossible to identify a place on January 2016, in order to make the victim repay to the victim with the following: “A certified judicial scrivener office shall be engaged in a business related to the closure of the corporation, and if a person lends money, he/she shall use

“A false representation was made.”

However, in fact, the Defendant was bad credit and was urged to repay his/her obligations due to the failure to repay his/her loans at the time, and thus, he/she was thought to use his/her personal debt, living expenses, interest, etc. as a "refluence to return" even if he/she borrowed money from the injured party, and there was no intention or ability to use it in the business related to the closure of a corporation and the personal rehabilitation related

On January 27, 2016, the Defendant received 10,000,000 won from the injured party to the account under the name of a certified judicial scrivener office in which the Defendant works.

In addition, the Defendant received a total of KRW 554,528,996 from January 27, 2016 to April 29, 2016, as shown in attached Table 1, as well as attached Table 1, from around January 27, 2016, to the Saemaul Treasury Account in the name of the Defendant.

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

2. On December 2015, at a place where it is not possible to know the location of the Defendant, the Defendant is expected to post a telephone to the victim E and pay the victim a certain amount of money to the victim “on the part of a certified judicial scrivener office to perform a personal rehabilitation-related work, and to use a certain amount of money and to include interest.”

“A false representation was made.”

However, on the grounds of Paragraph 1, the Defendant was thought to use money from the injured party as a "refluence to return" the payment of personal debt, living expenses, interest, etc., and did not have any intent or ability to use it in the business related to the closure of a legal entity and personal rehabilitation-related business, or in the business related to personal rehabilitation.

The Defendant, on December 31, 2015, around 5,000,000 won from damage.

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