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(영문) 서울중앙지방법원 2017.11.16 2017고합36
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A person shall be punished by imprisonment for a term of two years and six months, or by imprisonment for a term of two years, three years and six months as stated in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On January 24, 2014, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months for fraud, etc., and a suspended sentence of 10 months for a crime of acquisition of fake foreign currency was finalized on February 4, 2014. On January 12, 2017, the Seoul Northern District Court sentenced the Defendant to a suspended sentence of 1 year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epi vehicles) at the Seoul Northern District Court, and the judgment became final and conclusive on March 30, 2017.

[Criminal facts] 2017 Gohap 36

1. On September 4, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Victim J in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall lend KRW 500 million to the Victim J in the vicinity of a new bank located on the area of the Kim Jong-si, Kim Jong-si on September 4, 2012.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have the intent or ability to repay the borrowed money normally by giving the victim a sum equivalent to one billion won.

As such, the Defendant deceivings the victim and received KRW 500 million from the victim, namely, a check.

On September 10, 2012, the Defendant continued to pay back money to the victim J at a place where the location of September 10, 2012 is unknown.

“False speech was made to the effect that it was “.”

However, there was no fact that the defendant managed the state's material storage, and there was no intention or ability to pay the borrowed money normally.

As such, the Defendant, by deceiving the victim, received KRW 65 million from the victim, and received KRW 35 million from the company bank account in the name of K in the case of the K in the case of a settlement bank.

In addition, from September 4, 2012 to November 30, 2012, the Defendant deceivings the victim over 12 occasions, such as the one-year period table in the annexed crime list 1, and received a total of KRW 950 million from the victims.

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