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(영문) 서울북부지방법원 2019.10.18 2019고합44
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A person shall be punished by imprisonment with prison labor for not less than one year and six months with prison labor for the crimes of No. 2 as stated in the judgment of the defendant, and two years with prison labor.

Reasons

Punishment of the crime

[criminal power] On October 28, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for fraud, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on November 5, 2016.

【Criminal Facts】

1. "2019, 44";

A. A. Around May 11, 2018, the Defendant reported the victim B at an unspecified place and falsely stated that “If he/she lends money, he/she will pay the insurance solicitor fees in advance, and include the deposit in the insurance company, and then he/she will pay the principal and interest with the fee to be received from the insurance company later.” The Defendant stated that 10% per month should be given an interest.”

However, in fact, the Defendant was thought to repay the money borrowed from the victim as an existing obligation and interest, and the so-called return of the money borrowed from several persons at the time was prevented, so there was no intention or ability to repay the money even if the money was borrowed from the victim.

As above, the Defendant, by deceiving the victim, received KRW 5,00,000 from the victim to the Agricultural Cooperative Account in the name of C on the same day, and acquired the money from then to October 17, 2018, by transfer of KRW 518,924,065 in total over 84 times, such as the list of crimes in attached Table, from October 17, 2018.

B. On May 21, 2018, the Defendant made a false call to the victim B at an unspecified place and made a false statement to the effect that “The Defendant would use Chinese clothes for the purpose of importing and exchanging Chinese clothes.” However, even if the Defendant borrowed money from the victim as described in the foregoing paragraph (a) above, the Defendant did not have any intent or ability to repay the borrowed money. The Defendant, by deceiving the victim as above, received KRW 35,00,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day. 2) On September 13, 2018, the Defendant acquired the money by transfer from the victim to the victim B, thereby making a false call to the victim at an unspecified place on September 13, 2018, the Defendant would pay interest of KRW 100 million per month.”

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