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(영문) 서울남부지방법원 2019.02.20 2018고합387
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On February 15, 2014, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim B made a false statement to the victim in the office of Yangcheon-gu Seoul Metropolitan Government E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) located in the second floor and D, and E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) stating that “The victim may purchase out of the bonds and export them to foreign countries or obtain high profits from selling them. However, if he/she lends the money to purchase the vehicle, he/she will pay 10% interest per month.” In addition, he/she will offer a foreign vehicle as a security

However, in fact, the defendant, C, and F do not normally operate the external vehicle sales business with the money borrowed from the victim, but with the money borrowed from other persons, some of the interest shall be paid from the money borrowed from other persons in the same way and the collateral is transferred only without the due process for the transfer of the vehicle in the name of one person, and the nominal owner and the actual owner of the vehicle shall mean the vehicle that is distributed before the former in a different state.

Since it was planned to escape without paying the money until the time when the loan continues to take place by purchasing and providing the money, there was no intention or ability to provide a normal security to the victim as agreed with the victim.

In collusion with C and F, the Defendant, by deceiving the victim as above, received KRW 28 million from the victim to the national bank account in G on the same day. From around that time to April 24, 2014, the Defendant acquired KRW 6.92,725 million in total from the victim on 127 occasions, such as the list of crimes in attached Form (1).

B. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim H is around December 13, 2013.

In the E office described in paragraph (1), the victim shall be entitled to take the external actions against the victim.

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