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(영문) 전주지방법원 군산지원 2017.12.21 2017고합146
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 2015, the Defendant sent a phone call to the victim D in a closed place, and there is a person called “E engaged in night funeral (studio funeral)” in the middle school in the front space of an elementary school, and there is a lot of profits from investment in E.

If you lend money to you, you will make an investment in E and give 10% interest per month.

The term "the victim" refers to "the victim was aware of the victim's contact information, such as informing the victim of the contact information, while driving as if he/she made a large amount of profit by investing in E.

However, in fact, the Defendant did not make an investment in E’s “the night funeral” and did not gain a profit from the victim, even if he borrowed money from the victim, he was willing to use it for the victim’s existing borrowed money or other personal debt repayment, and notified the victim of other mobile phone numbers used by the Defendant to prevent the victim from being aware of it as if he was contact with E, and contacted the victim as if the Defendant was E.

The Defendant, as above, was informed of KRW 3,362,80,000 on 287 occasions as stated in the list of crimes in attached Form, from the time on April 6, 2017, by deceiving the victim as above and receiving KRW 5,00,00 from the victim as loan money around March 11, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The loan certificate;

1. Application of Acts and subordinate statutes, such as details of transactions of entry and withdrawal, (F) details of transactions, (G), details of transactions of entry and withdrawal, (H), details of transactions, etc.;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including the case) for the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing criteria (a type of determination).

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