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(영문) 수원지방법원 2019.06.04 2018고합505
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On March 2014, the Defendant stated that “If a bank lends money to B, it would pay interest at a rate of 3 to 3 to 4% a month higher than the principal to B, the Defendant would pay the principal without any mold to the victim D (Nam, 39 years old).”

However, in fact, while the Defendant was liable for the debt amounting to KRW 50 million from the neighbors at the time, the Defendant did not have any special property and the monthly income amounting to KRW 3 million and did not repay the principal and interest of the Defendant. Therefore, even if the Defendant was planning to repay the existing debt from the victims, the Defendant did not have any intent or ability to pay the principal and interest, such as the promise, even if he borrowed the money from the victims.

On March 17, 2014, the Defendant deceptioned the victim as above and received KRW 100 million from the victim to the E bank deposit account (F) in the name of the Defendant from the victim as the borrowed money, and acquired all KRW 1,530,000,00 in total by the same method over 13 times from around that time to October 20, 2017, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A complaint;

1. Each notarial deed;

1. Copy of a photograph of text messages and a transcript thereof;

1. Application of the details of the account transactions in the name of the EDCF, the details of account transactions in the name of the DNA bank, the details of account transactions in the name of each D, the details of account transactions in the name of each D, and the statutes governing account transactions

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the relevant crime;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be the basic area of recommendations (the scope of recommendations and recommendations) according to the sentencing criteria, which is not less than 500 million won (the type 3) and less than 5 billion won (the scope of recommendations and recommendations) and three to six years.

3. The defendant, by deceiving the victim, obtained a total of KRW 1.53 billion.

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