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(영문) 의정부지방법원 고양지원 2019.05.21 2018고합183

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

All of the applications for compensation of this case are dismissed.

Reasons

Punishment of the crime

The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was liable for the amount of KRW 20 million to the lending company since January 2015 because it was difficult to operate the business, and was using a large amount of interest from D, E, F, etc., and was unable to repay the said debt. In addition, since the so-called return of the previous debt from March 2016, the Defendant was trying to pay other debt even if he was paid the previous debt, and there was no intention or ability to pay the principal to the investor at a high rate of interest, or to pay the principal.

Nevertheless, in March 3, 2016, the Defendant made a false statement to the victim B, stating that “I would pay 10-15% interest for the principal and interest of 10-15% per month if I would bring money to the son,” and that I would like to have a large number of people pay money from the intermediate fees, and would have to pay 10-15% per month interest, and would have to pay 10-15% per month interest. I would have invested the money.” The Defendant received 26 million won from the victim as a loan investment for credit business on March 31, 2016 as well as from around that time to February 13, 2017.

Even if the Defendant received investment money as above, even if he did not have any intent or ability to pay the interest at a high rate or to pay the principal, he/she may receive interest at 10-15% interest per month from the victim C by the G message on April 20, 2016, on the following grounds: (a) on the part of the victim C, he/she received money from the victim: (b) on April 20, 2016, he/she would make it possible for many people to pay the principal and interest at 10-15% interest per month; and (c) on the part of the victim, he/she would make money to be paid at 10-15% interest per month without collecting the fees from the intermediate; and (d) thereby, he/she received 26 million won from the victim as the credit business as an investment deposit on April 20, 2016.