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(영문) 인천지방법원 2018.01.19 2017고합659
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

On March 3, 2013, the Defendant stated that “The Defendant would receive KRW 1.27 billion from F Co., Ltd., a landscape company F, a company operating within the city of Gyeonggi-do at this time participate in the landscape construction site and receive KRW 1.27 billion from the landscape construction cost, and first, if he/she lends the purchase cost of trees necessary for landscaping, he/she would receive the loan after completion of the construction and repay the loan.”

However, the defendant did not operate the landscaping company, and even if he borrowed money from the victim, he thought to use it as gambling fund, and did not have any intention or ability to repay it.

On March 3, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 2 million from the victim’s victim’s account (G) around March 3, 2013; and (c) received a total of KRW 1,516,100,000 from around that time to February 28, 2017, as indicated in the separate crime list.

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

The Defendant, on June 19, 2017, 15:00 on June 19, 2017, 2017, lent KRW 10 million by telephone to the card company and borrowed it to the victim J, which was known to the general public from the I resting book in Ansan-si, Nowon-gu. Around 15:00 on September 30, 2017.

In September of the business operation in China, when goods enter China, it stated that it will deposit KRW 20 million at that time.

However, the defendant did not have a certain occupation and did not have any intention or ability to complete payment even if he/she borrowed money from the damaged party due to the flight situation.

Around June 21, 2017, the Defendant: (a) by deceiving the victim; and (b) received a delivery of KRW 10 million from the victim’s account in his/her name.

Summary of Evidence

"2017 Gohap 659"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The investigation report (it shall be reported to K organizations.

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