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(영문) 전주지방법원 군산지원 2014.09.30 2014고합68
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

At around April 13, 2012, the Defendant: (a) around 13, 2012, at a mutual influence house located in the Sinsan-si Transportdong, the Defendant held D University management professor before home and held shares with the capital of KRW 4,000,000,000; and (b) there is a Seoul Team that makes stock investments as above; and (c) the Seoul Team has made a stock investment with the capital of KRW 3,000,000. The principal is not deemed damage because it has been made due to a stock investment. (b) The Defendant made a false statement that “I will pay 2% interest every month if I lend KRW 300,000,000 to the Defendant to be used for the stock investment; and (b) would make payment without the mold around April 20, 2013.”

However, in fact, the Defendant was planning to repay personal debts or use them as living expenses, etc. as part of the borrowed money from the victim, and was in bad credit standing, such as having a debt worth approximately KRW 61,000,000 without any specific property, even before making a stock investment, but did not incur losses, and there was no intent or ability to repay principal and interest even if he borrowed money from the victim as the price for the stock investment due to the risk of changes in the stock market.

Nevertheless, on April 20, 2012, the Defendant: (a) by deceiving the victim as above; (b) received KRW 100,000,000 from the Defendant’s agricultural bank account in the name of the Defendant’s child from around April 20, 2012, to transfer KRW 1,00,000 to the agricultural bank account in the name of the Defendant’s child; and (c) received KRW 650,00,000 in total five times from February 28, 2013

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. A copy of each letter of loan, each statement of transactions in the past, each copy of each deposit passbook, each statement of transactions, each statement of accounts in the name of the Nonghyup Bank, a statement of account transactions in the name of the Nonghyup Bank, a statement of account transactions in the name of the F, and a statement of account transactions in the name of the Nonghyup Bank.

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