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(영문) 울산지방법원 2016.04.29 2015고합372

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten months of imprisonment for fraud at the Ulsan District Court on November 27, 2009 and completed the execution of the sentence at the Ulsan District Court on September 28, 2010.

[2] The Defendant: (a) around May 201, 201, borrowed money from the victim D (name of the name of the opening of the name: E) to receive interest each 10% of each month from the loan of money from the F, and (b) if F fails to pay the money, he/she borrowed money from the damaged party on several occasions, and (c) borrowed money from the F to the F, and (d) received interest and principal equivalent to 7-10% of each month from F and repaid to the victim with the interest and principal equivalent to 7-10% of the total amount from the end of March 2012, 2012, while F did not pay some of the principal and interest to the victim, she discarded the locking fact from the victim, criminal charges against the unpaid principal from the damaged person, etc., and continued to lend the money to F and return part of the money under the name of the principal and interest to the victim as if he/she were given the principal and interest.”

Accordingly, on March 24, 2012, the Defendant made a false statement to the effect that “The Defendant would lend money to F if he/she lends money to F and would receive the interest and principal from 7-10% per month and would receive the interest and principal from F,” while continuing to lend money to F with the victim as if he/she had been paid the principal and interest.”

However, as seen above, since F had already been locked, even if the Defendant borrowed money from the injured party, it was not possible to repay the principal and high interest to the injured party by re-lending it to F, such as transfer, and only the Defendant merely invested in the shares of the injured party or re-return.