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(영문) 부산지방법원 2016.10.14 2016고합496
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Each application for compensation order filed by an applicant for compensation shall be dismissed in entirety.

Reasons

Punishment of the crime

2016, 496

1. Around April 2014, the Defendant of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded that “The victim E-house located in Geumcheon-gu, Busan Metropolitan Government G Apartment 101 Dong 102 requires an amount of KRW 100 million with operating funds, which would reduce the amount of KRW 4 million with the payment of KRW 96 million, if the Defendant borrowed KRW 100 million with the payment of KRW 100 million with the payment of KRW 100 million.”

However, in fact, the Defendant was unable to pay interest on borrowed money from other creditors, such as H, I, J, K, L, M, and N, with the so-called “frighting” type, and thus, the Defendant was paying interest. Even if the Defendant borrowed KRW 96 million from the victim, the Defendant did not have any intent or ability to pay interest of KRW 100,000 per month after one year.

On April 10, 2014, the Defendant, by deceiving the victim as above, issued a cashier’s check (O) with a face value of KRW 29 million and a cashier’s check (P) with a face value of KRW 4 million at the face value around April 10, 2014, and received from the victim KRW 661,304,106 in total on 36 occasions from the victim, as shown in the attached Table 1, until August 9, 2015.

Accordingly, the defendant, by deceiving the victim, received the property of the victim and acquired it by fraud.

2. On February 2, 2014, the defrauded stated that, at the office of Youngjin Co., Ltd. located in Youngjin-gu, Busan Special Metropolitan City, Busan Special Metropolitan City, 232-31 Hansung Building 7, the Defendant stated that, “In the case of lending KRW 30 million to Doggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

However, the defendant is above.

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