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(영문) 청주지방법원 2019.06.21 2019고합85
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall obtain money of KRW 13,00,000 from B who is an applicant for compensation, and shall obtain money from C.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant sentenced the Suwon District Court to two years of imprisonment for fraud, and completed the execution of the sentence in the Suwon Detention House on June 17, 2014.

Criminal facts

The Defendant did not engage in the business of bonds against the Cheongju I department store shop owners, and there was no amount of income, and there was about 500 million won personal debts. As such, the victims of the case punished for fraud were urged to pay their debts from the victims of the case, and thus, they did not use their own accounts to avoid seizure. Even if the Defendant was invested in the accounts under the name of E, J and K used for the payment of debts from the victims, even if they were to be used as money to be used in the accounts under the name of E, J and K, the Defendant attempted to use them in so-called “fluence” such as the Defendant’s living expenses, repayment of credit card payments used in purchasing high-priced gifts, such as clothes, etc. to induce the victims to make an investment, payment of interest and principal to the victims, etc. Therefore, there was no intention or ability to return the principal properly at the time of request for the return of principal.

1. On May 16, 2017, the Defendant of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Victim L makes a false statement to the victim stating, “If the Defendant is engaged in the bond business against the Cheongju I department store shop shop owners, he shall pay interest at least 3% per month, and if he/she lends the money to be used in the bond, he/she shall repay it within three days after the request for the return of principal.”

The Defendant, as such, deceiving the victim and received five million won from the victim to the E bank account in the name of E used by the Defendant on the same day, and from April 10, 2019 to April 10, 2019, the sum of the E bank account in the name of E, J, N account in the name of J, and N Account in the name of K is 1.3 billion won.

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