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(영문) 서울중앙지방법원 2020.12.18 2019고합952
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

In regard to the crimes of No. 1 and No. 2 in the judgment of the defendant, one year and six months of imprisonment, and the crimes of No. 3, 4, and 5 in the judgment of the defendant, each one year.

Reasons

Punishment of the crime

[Criminal Power] On August 13, 2015, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on August 30, 2016.

【Criminal Facts】

Defendant’s Republic of Korea (hereinafter “Defendant’s Republic of Korea”) around the end of 2014

After introducing the victim B who is a music record producer, contact with the victim at any time in connection with the production of music and music records has been exchanged and stored for friendship.

1. Around July 15, 2015, the Defendant made a false statement to the effect that “Around July 15, 2015, the Defendant borrowed money, such as the name of an investment in stocks, etc., he/she would use the money as a business fund of a company with which he/she has invested or paid the money if he/she lends the money to the victim.”

However, in fact, the defendant did not have any special income at the time, and even if he received money from the victim as a loan, he did not have any intention or ability to repay it as agreed upon by the victim, because he thought it to be used as an existing personal debt and its interest, gambling funds, entertainment expenses, living expenses, etc. up to 5-60 million won.

The Defendant, as above, by deceiving the victim as above, received KRW 265,00,000 in total from July 15, 2015 to January 16, 2016 as stated in the list of crimes (1) from the victim to the victim, and received delivery of KRW 265,00,000 in total on 11 occasions as stated in the list of crimes (1).

2. On January 22, 2016, the Defendant borrowed money under the pretext of C C C C C C C C C C C C C C C C C C C C C C C C C C C C C, which was provided as a security, concluded that “The Defendant will pay back the money,” at a mutually French shop in Gangnam-gu Seoul, Cheonggu, Seoul.

However, even if the defendant receives money from the victim as the borrowed money, most of them are personal debts, interest repayment and gambling funds, entertainment expenses.

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