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(영문) 서울중앙지방법원 2014.04.17 2013고합387
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 28, 2013, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, which became final and conclusive on July 6, 2013.

【Criminal Facts】

On February 2, 2008, the Defendant made a false statement to the victim F at the (State EE Office located in Gangnam-gu Seoul Metropolitan Government D, stating that “If it additionally lends KRW 200 million as it requires urgent funds to promote the construction and development of apartment buildings in the city of the Dong-Eup, the Defendant would pay KRW 400 million by April 26, 2008.”

However, even if the defendant received money from the victim, he did not have the intent or ability to pay the borrowed money to the victim with the rental apartment fund used to promote the apartment building development project.

The Defendant received from the victim a total of KRW 200 million on February 22, 2008 and KRW 150 million on February 27, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a witness F in the seventh trial records;

1. Statements made by witnesses G in the eighth trial records;

1. A copy of the money loan agreement entered into on February 27, 2008, the money loan agreement entered into on July 25, 2008, the cash loan agreement entered into on July 25, 2008, the statement of liquidity transactions entered into (F Account), the agreement entered into on takeover of the building project of a small

1. Previouss before and after judgment: Criminal records, references to case agreements (Seoul Central Prosecutors' Office No. 2012 type No. 80020), and application of Acts and subordinate statutes (Central District Court Decision No. 2013No62) shall apply;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Defendant asserts that the Defendant and his defense counsel’s argument regarding Article 62(1) of the Criminal Act on the suspended sentence (a favorable consideration of the reasons for sentencing below) only borrowed KRW 200 million from the victim F in order to purchase Daejeon’s building, and that there was no deception from the victim F in need of urgent funds in order to promote the construction and development project of the apartment at the time of a fixed Eup.

this Court has duly adopted it.

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