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(영문) 창원지방법원 진주지원 2015.09.03 2015고합45
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation order shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On February 4, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of six months, which was sentenced to a suspended sentence of two years for fraud, in the Jinwon District Court's Jinju branch, and the said judgment became final and conclusive on February 12, 2014

【Criminal Facts】

After March 2010, the Defendant called the victim C at a place where the location is unknown and around June 2010. The Defendant borrowed KRW 48,50,000 from the victim for operating expenses, such as the head of the office operated by the Defendant. However, as the operation of the above business was not properly performed, it was difficult for the victim to repay his/her debt to the victim, and the victim could play his/her money and pay his/her interest to the victim. After deceiving the victim, it was used for repayment of the existing debt and operating expenses of the business, etc., and as the liability increases due to the increase in the debt due to the interest he/she was borne with the loan of money, the Defendant got the victim informed of the amount by means of so-called “lost” lending money again from the victim, and got the victim aware of the amount by continuously lending the money.

Around April 21, 2011, the Defendant called “to pay money to the victim, to many people, and to give high interest.”

However, the Defendant was thought to use the money borrowed from the victim for the repayment of existing debts and operating expenses of the business, and even if she borrowed the money, there was no intention or ability to repay the debt, unless the Defendant borrowed money to return it again.

As above, the Defendant, by deceiving the victim as above, received five million won from the victim to the Agricultural Cooperative Account under the name of the Defendant, and by deceiving the victim over 177 times from the time to March 22, 2013, and acquired it by deceiving the victim more than 1,525,079,300 won in total from the victim, as shown in the attached Table of Crimes, from March 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A complaint, a certificate of borrowing;

1. A complainant;

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