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(영문) 인천지방법원 2020.04.21 2020고합67
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 2012, the Defendant paid 20-30% interest to her mother-friendly job-friendly victim D with the need to pay the principal to her mother-child in a restaurant located in the drawings of Incheon-gun, Incheon-gun, and made a false statement that the principal will be repaid.

In fact, since 2011, since the defendant had already accumulated debt such as bonds, he was thought to use the borrowed money from the victim to repay his debt, and there was no intention or ability to repay the borrowed money to the victim because there was no property worth income or collateral value.

On October 24, 2012, the Defendant: (a) by deceiving the victim as above; (b) received KRW 400,000 from the victim’s bank account (T) around October 24, 2012; and (c) received a total of KRW 627,15,170 from the victim over 831 times from the aforementioned date and time to January 11, 2019 in the attached crime list as shown in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (submission of details of transactions of victims);

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the relevant crime;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the decision of type) shall be limited to the range of recommendation types [the type 3], the amount of at least 500 million won, the amount of less than 5 billion won (the amount of special punishment): Where a person intentionally commits a deceptive act, or where the degree of deceptive act is weak, the increased factor: Where a person repeatedly commits a crime over a considerable period of time (the area of recommendation and the scope of recommendation types], the basic area of punishment, three to six years of imprisonment;

3. The sentence shall be determined as per the order, taking into account the following circumstances below the decision of sentence and the various sentencing conditions prescribed in Article 51 of the Criminal Act.

The defendant shall be a period exceeding six years from the end of 2012 to the beginning of 2019.

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