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(영문) 부산지방법원 동부지원 2019.02.12 2018고합203
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

around February 2, 2009, the Defendant stated to the effect that “If directors’ expenses are insufficient, 1.5 million won will be paid every month, 1.5 million won will be lent to the victim E through D, a worker of B branch office, who works for the Defendant as a branch office B, who is an employee of B branch office.” First, the Defendant stated to the effect that “a loan from 10 million won to 1.5 million won is lent as soon as urgent.”

However, in fact, the Defendant did not have any particular property or income and did not have any business performance. On the other hand, from around 2008, the Defendant had no intention or ability to pay the principal and interest, even if he borrowed money from the victim with a debt of KRW 2-300 million between individuals, and a debt of financial right of KRW 30 million from the victim.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the bank account under the name of the Defendant on the same day as the loan money, and received a total of KRW 750 million from January 20, 2014, including the list of crimes (1) as shown in the attached Table of Crimes (1), by 11 times until January 20, 2014.

On October 11, 2016, the Defendant stated that “The victim I shall repay the money within two weeks if he/she lends the money. The interest will be 10% of the principal.”

However, in fact, while the Defendant did not have any particular property, the Defendant did not have a debt of KRW 70 million between individuals, the financial right debt of KRW 70 million reaches KRW 70 million, and the income from the restaurant operator and the substitute driver was insufficient to meet the cost of living. The possibility of realizing various projects planned by the Defendant is uncertain, and there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the J bank account under the name of the Defendant on the same day, and received KRW 17,476,858 in total from May 10, 2017, as shown in the attached Table of Crimes (2).

(i) the evidence;

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