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(영문) 부산지방법원 2013.10.25 2013고합331
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a middle school ward with the victim C.

On May 26, 2009, the Defendant made a false statement to the victim, stating that “The Defendant would give three additional interest when he/she has repaid the interest and principal in full, if he/she has lent money to the new company that is urgently needed to acquire the new company.”

However, the Defendant was a bad credit holder, and even if he borrowed money from the victim or from another person, he did not have the intent or ability to repay the interest, such as paying interest to the victim or using the amount equivalent to the money for gambling.

The Defendant, as such, by deceiving the victim, received a cashier’s check, which caused KRW 100 million in face value of the said temporary border from the victim, and received a total of KRW 570 million from that time until February 22, 2011, or acquired pecuniary benefits from that time, such as the entry in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in C among the suspect interrogation records of the accused by the prosecution (second time, second time, second time, and second time) and the police (second time, and second time) examination records of the accused;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant 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 crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. The reason for sentencing under Article 62(1) of the Criminal Act (rest to be considered in the future) (the period of punishment) is [the scope of punishment] and one year and six months to fifteen years [the scope of punishment to be recommended]: Fraud. A general fraud. 50 million won or more, and the scope of recommendation of a sentence of less than five billion won (type 3): Imprisonment for three years to six years (basic area): - The criteria for the suspension of execution of one year and six years (basic area)] negative: A person before and after the same type of crime - A person who is not subject to punishment [the reason for general participation] positive: A person who makes efforts to recover serious damage [the decision of sentence] 2 years and six months, suspension of execution, and the crime of this case for four years.

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