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(영문) 인천지방법원 2016.04.28 2016고단21
사기
Text

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

All applications for compensation order shall be dismissed by applicants.

Reasons

Punishment of the crime

On December 30, 2002, the Defendant, at the nutrition room of G Hospital G Hospital located in Bupyeong-gu, Seoul Special Metropolitan City on December 30, 2002, may benefit from investing money in the building and selling commercial buildings in Incheon.

The profit shall be paid in full from the lending of money.

The phrase “ makes a false statement.”

However, at the time of borrowing money from the victim C, the Defendant did not have any intent or ability to repay the money even if the Defendant borrowed money from the victim C because of extremely difficult financial circumstances such as the Defendant’s health club, failure of the amusement shop business, and obligation to pay interest equivalent to KRW 10,00,000 per month for the purchase of apartment bonds, etc.

As above, the Defendant, as of November 28, 200 to November 30, 2006, by deceiving the victim C and receiving KRW 50,000,00 from the victim C as the borrowed money, received a total of KRW 979,364,350 from 13 victims, such as the victim C, etc. in the same way as shown in the attached crime list, and acquired it through the same method for 55 times from November 28, 200 to November 30, and acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect interrogation of the accused by the prosecution (including the C or E part concerning the statement);

1. Each police suspect interrogation protocol with regard to I and H (including the part concerning the C and J's statement);

1. Each police statement protocol against C, E,K, L, M, N,O, D, P, Q, J, R, and S;

1. Each written confirmation;

1. Application of each statute on a loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing of Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits by rejecting an application for a compensation order (the application for compensation order was made after the closure of pleadings) [the scope of recommended punishment] of the general fraud [the scope of recommended punishment] of Type 3 (at least KRW 500 million, but less than KRW 5 billion) of the special aggravated area (from August to October 10) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits: The one-class increase in the type of competition [the person who has been specially increased].

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