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(영문) 서울중앙지방법원 2014.04.17 2013고합1399
특정경제범죄가중처벌등에관한법률위반(사기)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Justice] On September 12, 2007, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daejeon High Court on October 19, 2007, and the execution of the sentence was terminated on September 25, 2012. On September 25, 2012, the Seoul Central District Court sentenced one year and four months of imprisonment for the same crime, and the judgment became final and conclusive on November 29, 2012.

【Criminal Facts】

The Defendant used a total of KRW 410 million lent by B from April 4, 2008 to March 20, 2009 from the victim BS, and repaid only KRW 259 million among them, and failed to repay the remainder of the loan.

Around April 10, 2009, the Defendant made a false statement to the effect that “The Defendant would receive and repay an apartment mortgage loan from the Defendant, if he/she lends money to the Defendant.”

However, the Defendant had no intent or ability to repay the amount of money from many creditors, such as B andO, even if he has already borrowed money from the victim due to the excess of his obligation.

The Defendant received KRW 50 million from the victim’s account in the name of the Defendant on the same day from March 30, 2010, and received KRW 595 million in total 18 times, by making false statements to the effect that he/she would lend money to the victim from March 30, 2010.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of the BT,S, and BU;

1. A written statement in B (Investigative Record No. 1, No. 435), and BV;

1. The hearing report on the civil petitioner's video recording statement, a written statement, a notarial deed, a written confirmation (No. 41 of the Investigation Record), a statement of transactions (No. 1 of title 42 of the Investigation Record), liquidity trading statement (BS, BW), remittance confirmation (No. 1 of title 327 of the Investigation Record), BS statement CD, check issuance statement, account transaction statement (X), account transaction statement (A-CF and No. 374 of the Investigation Record), details of transactions (No. 2 of the Investigation Record), each.

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