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(영문) 수원지방법원 안양지원 2017.11.03 2017고합163
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

The Defendant is a person who lends money to others and receives a return with high interest thereon.

The Defendant, while making it difficult for others to recover the money borrowed from one’s own funds to borrow money, did not notify such circumstances and used the money to repay the existing debts to others or to use it as a new number of days.

On April 2013, the Defendant: (a) at the laundry site for the operation of the victim D's laundry in the laundry city around 2013, the Defendant was receiving five (5) monthly interest from the victim.

If a person lends the money for the number of days, he/she shall pay the interest on the three-month and request the return of the principal, he/she shall pay it after two months.

“The purpose of “ was to make a false statement.”

However, as the Defendant was unable to recover funds from other persons at the time, it was thought that the Defendant used the funds borrowed from the victim to return to the existing creditors, such as E and F, and used them for personal purposes such as living expenses. There was no particular property or income, and there was no intention or ability to pay interest promised to the victim or to repay the principal.

As such, the Defendant, by deceiving the victim and deceiving the victim on April 24, 2013, received the remittance of KRW 10 million from the victim to the bank account (H) of G name bank account (H) used by the Defendant, and acquired it by fraud, and received the delivery of KRW 911,350,000 in total over 80 times from around that time to September 12, 2016, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning I in a protocol concerning the suspect examination of the police officer;

1. Statement made in the police statement protocol with D;

1. An investigation report (the account number specified in the G and I), an investigation report (the analysis of account transactions in respect of a damaged source), an investigation report (the confirmation of deposits and withdrawals of the damaged party), an investigation report (the date and time of a crime);

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