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(영문) 서울중앙지방법원 2013.10.25 2013고합601

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Around July 25, 2007, the summary of the facts charged is that the Defendant: (a) around July 25, 2007, to the victim E, “F would have made a private financing company; (b) it is necessary to make a large amount of funds to make an investment in the FFme; (c) during the last year, the mother introduced the FFme to a private financing company; (d) thereby investing KRW 400 million in the F, thereby punishing one billion in interest only; and (e) he/she made an investment in the F, thereby raising money to the F. The method of making profits is to lend money to the victims of gambling in return for a large amount of money.”

However, at the time of a traffic accident in 2005, the Defendant continued to borrow money from G in the so-called “losting” manner, where he was unable to operate his pharmacy for a period of two years or more, and where it was necessary to pay money rapidly around March 2007, but it was impossible to borrow money from G because it is not good between the Defendant’s mother and his mother G, and thus, he borrowed money from G in lieu of G and asked the F to borrow money from him. From March 31, 2007 to September 2008, the Defendant borrowed money of one billion won or more from G through “F” to receive additional money from G in order to pay interest at a higher rate of 10 billion won or more, and the sum of the principal and interest were to be repaid from the Defendant’s debt to G in the above amount of money to be repaid to the said KRW 1 billion or more, even if the Defendant’s debt was to be repaid from G in May 2008.