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(영문) 창원지방법원 마산지원 2017.07.21 2017고합23
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

G shall be punished by imprisonment with prison labor of one year and six months, and by imprisonment with prison labor of two years and six months.

However, with respect to Defendant G.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 1, 2017, the Defendants were sentenced to a suspended sentence of two years in October of each of the 10-year imprisonment with prison labor in the Changwon District Court Msan Branch, and the said judgment became final and conclusive on February 9, 2017.

【Criminal facts of the Defendants】 at the office of the victim K, which is located in the Haan-gun of the Haan-gun of the Republic of Korea on January 2, 2013, the Defendant A shall pay to the victims an urgent amount of bonds, and the principal shall be paid 1.5% interest per month on the loan of money, and the principal shall be repaid within one month when the repayment is requested.

“A false statement,” and Defendant G prepared a certificate of borrowing the same content and delivered it to the victim.

However, the Defendants did not have the intent or ability to repay normally the borrowed money within the due date, even if they borrowed money from the damaged party due to the lack of interest on other obligations, with the profits earned at the cafeteria operated by Defendant A and at the Ka Center operated by Defendant G.

The Defendants, including the receipt of KRW 15,00,000 from the injured party to the E’s account (L) on the same day, received the total amount of KRW 5,00,000 from August 31, 2016 from that time, and received KRW 560,000,000 in total from August 31, 2016 as indicated in the list of crimes in the attached crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to M and N;

1. Inquiries about the list of borrowed funds, copies of borrowed bills, details of borrowed funds, and the results of transfer management;

1. Details of payment of interest on K loan, details of O loan transaction, details of P loan transaction, estimates, confirmation letters, transaction statement of borrowed loan, NICE credit assessment reply, and account transaction;

1. Previous convictions in judgment: (G) replys to inquiries, such as criminal history, criminal history, etc., (A) investigation reports (Attachment of written judgments on the same kind of force as suspects), three copies of judgments, and two copies of summary orders shall be applied;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) and Article 30 of the Criminal Act for the crime (including provisions)

1. Article 37 of the Criminal Code for the treatment of concurrent crimes.

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