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(영문) 서울중앙지방법원 2018.12.13 2018고합670
특정경제범죄가중처벌등에관한법률위반(사기)
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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2016, the Defendant issued a bond to the victim E at the D coffee shop located in Gangnam-gu Seoul on December 8, 2016.

The principal and revenue will be recovered after six months from the loan of money, and 10% of the principal will be the profit.

The bond has been paid for a long time, the wife has been in money, and the surrounding area has a multi-power, and the principal has not been considered as damages.

If the loss occurs, the principal will be guaranteed.

“.....”

However, even if the defendant borrowed money from the injured party, he did not use some amount for the ordinary bond loan, but was thought to be used for his debt repayment, private livelihood, entertainment, etc., and there was no intention or ability to repay the principal with 10% of the principal as profit or the principal.

Nevertheless, on December 8, 2016, the Defendant received a total of KRW 822,390,000 from 125 times until May 30, 2017, as indicated in the list of crimes in the separate sheet of crimes, such as by sending mobile phone letters that the Defendant would lend KRW 3 million to “F” by deceiving the victim E and receiving KRW 3 million from the victim’s new bank account (G).

Accordingly, the defendant acquired money from the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. A detailed statement of transactions in a passbook (No. 3 and 6 No. 1133);

1. Details of fraudulentation of loans and detailed statement of repayment (No. 12 No. 12 of the evidence);

1. Application of Acts and subordinate statutes to certificates of deposit transaction records (No. 13);

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 15256, Dec. 19, 2017); Article 347(1) of the Criminal Act concerning the crime

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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