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(영문) 서울중앙지방법원 2020.06.11 2018고합1244
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 punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2016, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for an attempted crime of imprisonment, etc., and the said judgment was finalized on April 1, 2017.

【Criminal Facts】

Since 2015, C, a credit business company B (hereinafter “B”), which operated, had maintained the relationship of lending money to those who need to verify daily balance from the victim D and receiving interest from the victim, while maintaining the relationship of lending money short-term and paying part of the money to the victim. On March 25, 2016, around 650 million won borrowed from the victim for the purpose of proving daily balance, 30 million won was not returned.

While the Defendant sought the method of acquiring money from the above C and the victim known to the Defendant, the Defendant conspired to acquire money by deceiving the victim as if he would immediately repay the money with the existing debt if he/she lends money to the Defendant’s cosmetics, and E sells the tax-free shop after the fact that he/she bought the money. The Defendant stated that the F Co., Ltd. (hereinafter “F”) operated by the Defendant is a loan of money, and if he/she transfers the loan to the head of the Tong after the operation of E-free shop, it would be clearly deemed that the execution of the loan would have been made if it is possible for F to prove the daily balance of the funds necessary for the purchase of the tax-free shop after the fact that the F would be more than one billion won.

According to the above public offering, in the above B office located in the Seocho-gu Seoul Metropolitan Government G Building H on March 29, 2016, C falsely concluded that “If the victim lends KRW 1.1 billion to the daily balance certification, the amount of KRW 300 million kept as well as KRW 1.4 billion to F operated by the Defendant and KRW 1.4 billion to Company I (hereinafter “I”) shall be used for the purpose of the daily balance certification, and all of the amounts of KRW 1.4 billion on the following day shall be returned.”

However, in fact C and the defendant pay 1 billion won for the sale of money borrowed from the victim to F to purchase a duty-free shop after the fact.

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