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(영문) 부산지방법원 2013.05.10 2012고합1008
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] On June 11, 2009, Defendant A was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on the same day and the above judgment became final and conclusive on the same day.

Defendant

B On February 20, 2009, in the Busan District Court's Dong Branch, the sentence of imprisonment with prison labor for one year was finalized on February 28, 2009.

【Criminal Facts】

1. "2012 Gohap1008";

A. Around 2001, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed a debt amount of 400 million won with the money borrowed to her husband in order to promote friendship B, and around 2003, the debt amount of KRW 1 billion with the interest to be paid in one month and KRW 30 million with the interest to be paid in one month. On the other hand, the property owned was limited to KRW 350 million, such as the deposit of apartment and B’s hospital in the name of B and KRW 15 million with the revenue of KRW 15 million per month.

After that, as the defendant was unable to repay his/her existing debt with ordinary revenues or property, he/she continues to pay his/her debt in the so-called so-called return of the existing debt because he/she could not repay his/her existing debt, and the total debt amount exceeds 2 billion won in around 2007.

Defendant

On May 11, 2007, A made a false statement that "A calls to the victim D, who is a university branch, to file a lawsuit for damages against SK company due to the right to sunshine, but is entitled to the compensation of at least KRW 600 million from the 600 million to the 1.5 billion compensation, if A lends KRW 150 million as he/she needs to pay the 2-month interest, he/she shall pay the 3-month interest."

However, the defendant A did not have the intent or ability to repay the borrowed money to the victim due to the above excessive debt.

Nevertheless, Defendant A, as seen above, had been delivered KRW 698,70,000 from the victim 19 times in total, as shown in the separate sheet of crime, by deceiving the victim and receiving KRW 145,00,000 from the Japanese bank account under the name of the defendant, as well as by receiving KRW 145,00 from the victim.

(b) the fabrication of private documents; and

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