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(영문) 의정부지방법원 고양지원 2013.07.26 2013고합16
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 235,500,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for fraud in order to be punished by imprisonment with prison labor for the District Court, and the said judgment became final and conclusive on October 5 of the same year.

1. Victims D;

A. A. Around September 11, 2006, the fraud Defendant made a false statement to the F Health Center located in Seongdong-gu, Soyang-gu, Young-gu, Seoul, that “A deposit is required to open a store with the same life. It is required to lend 2% interest to the victim.”

However, at the time, the defendant has to obtain 1.5 million won loan from the number of days business operators and pay 200,000 won to the principal and interest of the loan each day. While the defendant did not escape from the enemy every month, he did not have any other income and did not have any intention or ability to repay the money from the victim even if he did not borrow money from the victim.

As a result, the Defendant received 78 million won in total from the victim to the Defendant’s passbook, i.e., remittance from the victim to the Defendant’s passbook, and acquired 78 million won in total under the name of borrowed money over 11 times as shown in the attached crime sight table Nos. 1 to 11.

B. Around April 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated in the preceding paragraph at the F Health Institute of Korea (“F Health Institute”) stated in the preceding paragraph that “The Defendant borrowed money to the victim D in order to obtain the right to operate the apartment cleaning agency business.” If the Defendant borrowed KRW 10 million, he/she would make a ten-time installment and attach 1.2 million won each by 1.2 million won.”

However, for the same reasons as the statement in the preceding paragraph, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim.

After all, the Defendant received 76,300,000 won in total from 73 times as stated in the attached Table No. 12 to 84, such as the remittance of KRW 10,000 from the victim on the 21st day of the same month.

2. The victim G Defendant is the victim G.

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