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(영문) 서울동부지방법원 2019.02.14 2018고합340
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On October 25, 201, the Defendant was sentenced to two years of imprisonment with prison labor and a fine of one million won in a criminal act, etc. at the Changwon District Court Jinwon Branch on March 29, 201, and the said judgment became final and conclusive on March 29, 2012. On May 18, 2012, the Changwon District Court sentenced eight months of imprisonment with prison labor for a criminal act, and the said judgment became final and conclusive on May 21, 2012.

【Criminal Facts】

On December 2, 2008, the Defendant stated, at the coffee shop located in Jinju-si, that “B retains in cash five billion won,” and that “B shall use the said money in a notarized manner with a total of ten billion won, including five billion won in cash, five billion won in cash, and five billion won in stocks of a large enterprise, etc.” without a certificate of personal seal impression, the Defendant is not entitled to receive the said money, and there is land in a building equivalent to KRW 70 million in net thousand and in a joint name in the Jeju Innovation City. There is also land in a common name in the name of the Jeju Innovation City. There is a need for money to receive goods in a customs house, and if it is lent with KRW 50 million, three months will be used and repaid.”

However, the Defendant did not possess the above property, and was liable for the debt amounting to approximately KRW 1.5 billion due to the failure of the business at the time, and was purchased through bidding at the auction of smuggling seized by a customs house, and did not sell it. Therefore, the Defendant did not have any intent or ability to repay the debt even if she borrowed money from the victim.

As above, the Defendant, including by deceiving the victim as above and receiving KRW 50 million from the victim to the account in the name of the E bank in the name of the Defendant from around that time to March 5, 2009, received a total of KRW 1.27 billion through 59 times, as described in the attached list of crimes, from around that time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Each detailed statement of transactions, detailed statement of deposits (Evidence No. 4, 11), reply to transaction information (Evidence No. 12);

1. A previous conviction in judgment:

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