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(영문) 수원지방법원 2017.07.19 2017고단3637
사기
Text

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

The defendant shall take money 351,600,000 won and this shall apply to the applicant by fraud.

Reasons

Punishment of the crime

On March 2, 2012, the defendant operated the victim AH working in Young-gu, Young-gu, Suwon-si, at a golf practice place, and the victim "at least five billion won with the inside bond."

There is also a permit for an official loan business.

The loan made a false statement to the effect that the interest on the third part of the month would be reduced at the time of lending money.

However, in fact, the defendant, while operating a bond business under the name of the defendant's wife, was unable to recover the claim, was required to pay the interest equivalent to KRW 30 million per month to the investors, and it was thought that the defendant would use the loan from the damaged person as the interest and living expenses of the bonds of the defendant, and there was no intention or ability to reduce the profits from the investment to the victim.

The Defendant, by deceiving the above victims, was delivered as a check KRW 42 million after deducting KRW 50 million from the preferred interest of KRW 8 million in the nearby the above golf practice hall on the same day from the victim.

From around that time to November 23 of the same year, the Defendant obtained a total of KRW 350,160,000 through eight times in the same manner as the list of crimes in attached Form 3,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to AH and F;

1. Application of Acts and subordinate statutes to promissory notes, receipts, forms of change, each letter of borrowing, each statement of transactions, and each statement of issuance of each check;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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. Articles 25(1), 31(1) and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (applicant for Compensation) seek payment of money calculated at the rate of 15% per annum from the day following the delivery of a copy of the application to the day of full payment with respect to the money acquired by deception and the same, but the compensation order is convenient and prompt where it satisfies certain requirements prescribed in Article 25 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits.

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