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(영문) 창원지방법원 2018.01.23 2017고합263
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for twenty years.

2. Defendant B shall be punished by a fine of KRW 5,00,000.

Reasons

Punishment of the crime

1. Defendant A

A. Defendant A, a joint crime with P and Q, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant A, along with P and Q, will lend money to, or make an investment in, deaf-mutes by taking advantage of the fact that deaf-mutes are closed and have lost their ability to separate opinions, to give high interest or profit.

The purpose of this article is to acquire money by deception.

According to such a public offering, Q made a false statement to the effect that “The victim R, a deaf-mute, would have paid interest twice the principal amount if he/she borrowed money” at a non-permanent place on December 4, 2008.

However, even if Defendant A, etc. borrowed money from the above victim, he did not have the intent or ability to pay the principal and interest to the victim.

Defendant

A conspired with P and Q in sequence, as above, by deceiving the above victim, and by deceiving him, he habitually received KRW 8,00,000 as a loan from the above victim, and habitually acquired KRW 228,238,153 in total from 25 times every 15 times from around that time to February 11, 2013 as shown in the list of crimes in attached Form (1).

2) The facts charged in relation to the joint criminal acts with P, S, T, U,V, and W are indicated to be in collusion with Defendant A, etc. in order to organize X and to participate in the criminal acts in each part of this part. However, according to the judgment of this court in this case 2017 High Court Decision 253, 261 (Joint), 262 (Joint), and 268 (Joint) there is insufficient evidence of the facts that Q participated in the criminal acts in this part of this case, the part containing Q was revised ex officio.

Therefore, one of the fraud parts, such as X, of the facts charged, which was divided into two categories depending on whether Q participation was involved, shall be consolidated and entered.

Defendant

A using the fact that deaf-mutes and others are closed and free from their own ability as well as P, A will return high profits if they make investments to deaf-mutes on the pretext of promoting the welfare of deaf-mutes in a formal manner.

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