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(영문) 의정부지방법원 고양지원 2019.01.08 2018고합208
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On August 22, 2016, the Defendant got the victim C working in Seoul, which was the victim C, to receive the bond business from the defendant's South-windle to the E-market merchants in the coffee shop in the vicinity of the Duk-gu Office, but the Defendant falsely stated that he would pay interest when he/she borrowed money from the defendant's South-windle merchants, and he/she would pay it when he/she wishes to do so.

However, the Defendant did not operate a business, such as bond business, and even if the Defendant borrowed money from the victim due to the fact that he had already borne a large amount of debt, it was intended to use it for the repayment of the existing debt or for the payment of interest on the loan from another person, and to pay the interest on the loan from another person, and make up for the interest on the loan as if it was used normally as the loan was used. Since part of the loan was written to use it in daily living expenses, such as card payment and tax payment, the Defendant did not have any intent or ability to use the loan as stated above, to make profits and to pay the loan or to pay the interest.

The Defendant received money from the victim to the G Bank (H) account opened in the name of F, a parent of the victim, from the victim on or around the 22th day of the same month.

In addition, from December 1, 2015 to April 13, 2017, the Defendant, as described in the list of crimes in attached Form 1 by the above methods, deceiving 15 victims, including deceiving 1,226,420,00 won in total from the victim I, and deceiving 1,364,400,00 won in total from the victim J, and receiving 7,893,160,000 won in total from 721 times as borrowed money.

However, “V” in the attached Form “V” shall be corrected to “R”.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F or K by the prosecution;

1. L, M, N,O, C, P, I, J, Q, R, T, T, and U.

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