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(영문) 서울남부지방법원 2017.01.20 2015고합167
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[2] On June 11, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Seoul Western District Court on January 29, 2015, and the said judgment became final and conclusive on January 29, 2015. On February 5, 2015, the Incheon District Court sentenced the Defendant to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Incheon District Court, and applied for a review on the said judgment on July 8, 2016. The said judgment became final and conclusive on July 16, 2016 after having been sentenced to six months of imprisonment with prison labor for special larceny at the Seoul Western District Court on April 9, 2015, and the said judgment became final and conclusive on June 26, 2015, which became final and conclusive by the Seoul Western District Court.

[2] On March 29, 2012, the Defendant stated that “Around March 29, 2015, 2015, 167, the Defendant, via T, a victim’s seat in Qu located in Seocho-gu Seoul Metropolitan Government, made a false statement on the part of the Defendant, “Around March 29, 2012, the Defendant would use money for the business of selling H lending from Incheon Seo-gu, and would pay the money immediately.”

However, at the time of this fact, the Defendant, as well as the victim, also around August 18, 201, bears an amount equivalent to KRW 100 million against K, a debt equivalent to KRW 18,9150,000 to creditor F around August 10, 201, a debt equivalent to KRW 18,9150,000 to creditor F, a debt equivalent to KRW 77,100,000 to creditor M from July 3, 2012 to September 28, 2012, a debt equivalent to KRW 77,100,000 to creditor M, a debt equivalent to KRW 93,50,000 to creditor from July 30, 201 to October 26, 2012. In addition, the Defendant took out the above construction and sale of loan, and did not repay the loan amount to the creditor as security, even if it did not repay the loan amount to KRW 44,500,00.21.

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