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(영문) 수원지방법원 여주지원 2018.02.01 2017고합103
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant, in the name of the borrowed money, is liable to pay the victim E interest at the D party branch located in Ischeon-si, Hongcheon-si, 2016, with the interest of 15% per annum on the loan of money, and the principal shall be repaid after one year.

The phrase “ makes a false statement.”

However, the defendant did not operate merchandise coupon sales stores at the time, there was no certain income due to no special occupation. Rather, the defendant did not have the intent and ability to pay the principle even if he borrowed money from the injured party because he was liable for the debt of approximately KRW 80 million.

Nevertheless, the Defendant, by deceiving the victim as such, received the money from the victim to the post office deposit account in the name of the Defendant and acquired the money in total of KRW 60 million around March 25, 2016 and KRW 10 million around May 24, 2016.

2. On June 2016, the Defendant, in the name of an investment deposit, was using phone calls to the victim, and the principal would be returned by paying 7.5% of the investment amount per share to the 7.5% of the profits of every share in the case of an investment, where he/she purchased merchandise coupons as wholesale, and he/she takes a coffee business to a distributor in a merchandise coupon with a merchandise coupon.

The phrase “ makes a false statement.”

However, the Defendant did not engage in a coffee business, there was no special occupation, and there was no certain amount of income. There was only thought that the Defendant would use the interest on the money invested from the damaged party as a repayment for the interest on the money borrowed from the damaged party, as a payment for living expenses, and even if he received the investment from the injured party, he did not have the intent and ability to pay the invested money and the agreed profit to the injured party.

Nevertheless, the Defendant, by deceiving the victim as such, received from the victim, KRW 19 million from the victim to the post office deposit account in the name of the Defendant on June 23, 2016.

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