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(영문) 인천지방법원 부천지원 2017.09.01 2017고합116
특정경제범죄가중처벌등에관한법률위반(사기)
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 year.

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

Reasons

Punishment of the crime

[Defendant A was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on June 23, 2011, and the judgment became final and conclusive on August 30, 2011. On September 2, 2011, the Seoul Central District Court sentenced Defendant A to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul District Court, and became final and conclusive on September 10, 201.

Defendant

B On December 30, 2009, the Seoul Central District Court sentenced five years of imprisonment for fraud, which became final and conclusive on April 24, 2010.

[Criminal facts] The Defendants, as married couple from February 2004 to March 2007, operated the Seongbuk-gu Seoul E commercial building, and the “F”.

Defendants, together with the Defendants, will pay KRW 100 million to the victims I and the members of the H church located in G around January 2008 at the Namyang-si, Namyang-si, 2008.

For three months after the end, 10,000 won shall be contributed monthly to the victim, and the members shall exchange the above F Lestop meals, and the facts were 800 million won of the Defendants’ existing obligations at the time, and there was no particular property, and F Lestop did not have any intent or ability to complete payment even if it was closed due to the lack of investment in the fund or the investment in the construction company, even though the victim did not have any intent or ability to borrow money from the damaged party due to the lack of the fact that the fund was created or invested in the construction company, the victim was able to make a false statement as if he would have been able to pay interest, or make a false statement as if he would have made a false investment in the construction company by creating the fund.

In addition, the Defendants, at the H church above around January 2008, make a false statement to the victim stating that “I will operate F Lestop, and I will lend money in the color of the capital, to the interest of 3 to 5 parts per month, if I wish to lend money.” This is the account in the name of Defendant B around January 23, 2008 from the damaged person.

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