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(영문) 인천지방법원 부천지원 2015.06.12 2015고합27
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to two years of imprisonment for fraud and four years of suspended execution in the Incheon District Court Branch Branch of the Incheon District Court, and the said judgment became final and conclusive on the 30th of the same month.

1. Around May 15, 2007, the Defendant made a false statement to the victim C in a labing restaurant located in Songpa-gu Seoul Metropolitan Government, which read that “If there is a company with high profitability of export and import, which would be able to make an investment, the Defendant shall pay the interest on the second part of the month and pay the principal within one year, if he/she lends KRW 100 million as he/she intends to make an investment.”

However, in fact, since around 2003, the Defendant had a debt of KRW 100 million due to the husband’s business failure, there is a debt of KRW 100 million, and the personal rehabilitation procedure is being followed due to the delinquency in the card payment, and even if the Defendant borrowed money from the victim C, he did not have an intention or ability to pay the money properly, and was used to resolve the above Defendant’s debt with the borrowed money.

The Defendant received KRW 100 million from the victim C, i.e., from August 21, 2009 to August 21, 2009, a total of KRW 225,00,000 from three occasions, as shown in the [Attachment Table Nos. 1, 2, and 3, as well as from the time the Defendant received KRW 100,000 from the victim C.

2. Around November 25, 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said that “A company with high profitability of export and import, which is the husband of the said C, has been lent KRW 300 million to the victim D, who is the husband of the said C, within the gold Life Insurance Office located in Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government, and that the principal shall be repaid within one year.”

However, in fact, from around 2003, the defendant has a debt of KRW 100 million due to the husband's bankruptcy, there is a debt of KRW 100 million due to the personal debt, and even if he borrows money from the victim D, he has no intention or ability to pay the money properly.

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