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(영문) 서울남부지방법원 2012.10.25 2012고합506
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, while investing in the business of deep sea water personally and causing damage to the economic situation, was unable to lend money to others, and the Defendant, who was aware of the fact that there was no ability or intent to repay the money from others, had the victim C, as if he were working in government-invested institutions.

1. The defendant, around December 21, 2005, issued a total of KRW 47 million to the victim, immediately from the victim, a total of KRW 30 million was transferred from the victim to telebank and KRW 37 million was immediately transferred from the victim to telebanks on December 26, 2005, when the defendant was working for a government-invested institution, or was working for a government-invested institution, even if he did not have any ability or intent to repay the above money, and even if he was unable to borrow the above money, the above victim did not have any capacity or intent to repay the money."

2. On February 16, 2006, the Defendant, even though having no intent or ability to repay, made an investment in the above victim to the effect that “I have lent money and received an investment in favor of him/her as much as possible. Then, in six months, the Defendant was immediately issued from the victim a check an amount of KRW 453 million in the same place.”

Accordingly, the defendant obtained a total of KRW 500 million from the victim and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of C;

1. Details of mail, details of remittances of passbooks, and mail;

1. Application of Acts and subordinate statutes governing cash custody certificate;

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

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