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(영문) 광주지방법원 목포지원 2017.07.13 2017고합21
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant was a person who was working as a branch office of the altered credit union D branch.

1. On June 16, 2016, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim C, made a false statement to the victim C at the location of the branch office D branch office of the alterbol Credit Union D, which had been in the south of Korea, stating that “The victim C may lend money only for three months after reducing 5% interest per month.”

However, in fact, the Defendant had a debt of KRW 3.5 billion at the time, and had to repay money borrowed from the victim to another person (hereinafter “the right to return”), so even if he/she borrowed money from the victim, he/she did not have an intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 1.5 billion to the national bank account (Account Number G) in F on the same day from the victim.

Around September 5, 2016, the Defendant continuously borrowed money from Busan to the victim at the above place, stating that “On the other hand, if the Defendant borrowed money from Busan, the Defendant would first repay the money to the Defendant,” and received KRW 250 million from the damaged party to the Agricultural Cooperative Account (Account Number I) in the name of H on the same day.

Accordingly, the Defendant, by deceiving the victim, received property worth KRW 1.75 billion in total.

2. On September 27, 2016, the Defendant loaned KRW 160 million to the Victim J at the L coffee shop located in K at the time of G on September 27, 2016, “on the face of lending KRW 160,000,000 to October 4, 2016.

A false statement was made to the effect that 2.3 billion won and interest shall be combined with 2.5 billion won and repaid with 2.5 billion won.

However, in fact, the Defendant had a debt of KRW 3.5 billion at the time, and had to repay money borrowed from the victim to another person (hereinafter “the right to return”), so even if he/she borrowed money from the victim, he/she did not have an intention or ability to repay it.

Nevertheless, the defendant is the victim as above.

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