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(영문) 수원지방법원 2018.04.19 2017고합680
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 3, 2014, the Defendant made a false statement to the effect that “The Defendant purchased non-performing loans and made an investment in money in order to operate a business to recover them and pay profits therefrom,” with the victim D in Franchi E located in Suwon-si, Suwon-si. The Defendant made a false statement to the effect that “The Defendant would pay interest if he/she purchased the non-performing loans and pay profits, and would make 50% of the recovered amount as profits if collected.”

However, as mentioned above, the Defendant was under criminal trial for the same crime related to the purchase of claims, and even if having received money from the injured party, it was thought that the said money would be used as the agreed money or living expenses for the same kind of fraud crime, and there was no intention or ability to purchase non-performing loans.

In the indictment of KRW 662,246,661 in total 27 occasions from March 20, 2015 to October 26, 2015, the Defendant deceiving the victim as above and received KRW 100,00 from the victim for the investment in non-performing loan business on March 20, 2014, the Defendant stated that the sum of KRW 9 in the indictment of KRW 72,230,00 is “ KRW 72,176,661,” and that the sum of the amounts is “ KRW 662,30,000” and “62,246,661,61,” respectively, it is clear that it is a clerical error in the indictment of KRW 662,61 in total.

Since it does not seem that even if it is corrected without going through the amendment procedure of indictment, it would be a substantial disadvantage to the defendant's right of defense, it shall be corrected ex officio as above.

was obtained and acquired through the delivery of this section.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police with regard to D;

1. Investment contracts, business plans, details of financial transactions, slipss, etc., investigation reports (in the execution of warrants), investigation reports (in the event of re-preparation of crime inundation), the contents of the accused deceiving the victim;

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