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(영문) 전주지방법원 군산지원 2015.09.24 2015고합23
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On April 3, 2009, the Defendant of criminal power was sentenced to two years of the suspension of the execution on October 11, 2009 to the Seoul Eastern District Court for a violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a violation of the Act on the Regulation of the Aggravated Punishment, etc. of Specific Economic Crimes. On December 16, 2010, the judgment became final and conclusive on January 27, 2012, on which he was sentenced to two years of the suspension of the execution of imprisonment with prison labor for embezzlement in the Jeonju District Court’s military mountain support, and on October 19, 2013, the said judgment became final and conclusive on July 3, 2013.

2. On July 2007, the Defendant made a false statement to the victim in E station operated by the victim D in Gunsan-si, Sinsan-si, the Defendant: “In order to lend the amount of KRW 200 million used to establish the hospital to Na, 5% of the principal amount shall be paid as interest each month, and the loan shall be paid after the completion inspection.”

However, at the time, the Defendant borrowed approximately KRW 2.7 billion from the Han Bank with respect to the construction of the above hospital, and was planned to use the loan to the other bank account amounting to KRW 1 billion, and KRW 300 million after the completion inspection of the above hospital, even if the loan was made after the completion inspection of the above hospital, and as such, there was no intention or ability to repay the principal and interest even if he borrowed money from the victim without any particular property.

On July 31, 2007, the Defendant received KRW 180,000,000 from the victim who believed this as the borrowed money, and from around that time to May 21, 2008, a total of KRW 850,50,050,000,000 from around six times as shown in the list of crimes.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The third and fourth prosecutions against the defendant;

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