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(영문) 서울남부지방법원 2015.09.11 2014고합5

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

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

The defendant against G who applied for compensation 205,000,000 won and D who applied for compensation.

Reasons

Punishment of the crime

The defendant, "2014 High 5", the husband of I, was a person operating the insurance agency called the "J", which is registered as the representative director, and acted as if he/she had the ability to return money at any time when he/she had the ability to pay interest on the high rate when he/she lends money to the ordinary victims, stating that "the plaintiff has made an investment in many military courts."

On March 2008, the Defendant stated that “The Defendant would lend 100 million won of surplus funds 100 million won per annum to 30% of the interest at 30% per annum and repay the principal and interest after six months.”

However, the Defendant had no particular property around March 2008, and the Defendant was a so-called malicious claim that was not returned for a long time the money that the Defendant lent to or invested in another person. At the time, the Defendant paid to another person the debt in the way of “irreshing” such as lending money to the former and paying interest on the money borrowed.

As above, the Defendant, by deceiving H, received KRW 100 million from H to the Han-U.S. bank account under the name of the Defendant, as well as received KRW 2,105,100,000 in total on 19 occasions during the period from around that time to July 29, 2010, as shown in the List of Crimes (1).

In addition, in such circumstances as above, the Defendant: (a) total sum of KRW 269,00,000 from the victim F to September 1, 2009, as shown in the list of crimes (2) in the attached Form from December 11, 2008 to September 1, 2009 in the following manner; and (b) total of KRW 290,000,000 from the victim K to November 2, 2009, as shown in the list of crimes in the attached Form (3) as shown in the list of crimes in the attached Table (4) from November 21, 2008 to November 2, 2009; and (c) total of KRW 205,000,000 from the victim G twice from February 3 to January 3, 2009 to January 8, 2010; and (d) the victim.