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(영문) 서울중앙지방법원 2014.05.22 2014고합383
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded that, around March 28, 2011, the Defendant phoneed the victim E from the D office located in Dongjak-gu Seoul Metropolitan Government, to the victim E and supplied it to the restaurant. If the Defendant borrowed money, he/she would pay approximately 3% of the principal after a day to the restaurant.”

However, in August 2010, the Defendant did not have any intent or ability to pay the amount even if he borrowed money from the victim because the Defendant took a repayment of the money with a new borrowed loan without any specific income from the enemy of the fishery business that the Defendant had been running.

As above, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the Agricultural Cooperative Account in the name of F, the Defendant’s seat.

In addition, the Defendant received a total of KRW 500 million from the victim as shown in the attached Table 1 from March 28, 2011 to July 11, 201, and acquired it by defraudation, as shown in the attached Table 1.

2. Around November 7, 2010, the fraud Defendant phoneed the victim G from the office described in paragraph (1) and falsely concluded that “The Defendant shall purchase the movement and deliver it to the cover counter restaurant. If the Defendant borrowed KRW 80 million, 5% of the principal will be repaid at interest after 20 days.”

However, in August 2010, the Defendant did not have any intent or ability to pay the amount even if he borrowed money from the victim because the Defendant took a repayment of the money with a new borrowed loan without any specific income from the enemy of the fishery business that the Defendant had been running.

The Defendant, by deceiving the victim as above, received KRW 40 million from the victim to the Agricultural Cooperative Account in the name of F, the Defendant’s seat.

In addition, the defendant is attached to the defendant from September 3, 2010 to July 18, 201.

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