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(영문) 수원지방법원 2013.08.23 2013고단2275

사기등

Text

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

Reasons

Criminal facts

1. Around July 30, 2012, the defrauded made a false statement to the effect that, at the Defendant’s office operated by the Ftel 307 of Gwangju Mine-gu, the victim G was able to loan KRW 30 million to the victim and increase the lending limit within 3 months, as the victim G was asked by telephone for a large-scale refund loan. The Defendant made a false statement to the effect that “The expense to proceed with an additional loan is changed.”

However, the defendant did not register loan brokerage business, and the office of the defendant operated at the time did not receive the above money from the victim and thought to use it as office operating expenses. Even if he received the money from the victim, he did not have the intention or ability to mediate the loan to the victim.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received KRW 90,00 from the victim to the account under the name of the Defendant for the expenses incurred in lending around July 13, 2012, and received KRW 81,868,704 in total from the victims up to April 15, 2013 in such a way as in the annexed crime list, as in the same manner, from the victims to April 15, 2013.

2. Any person who intends to run credit business or credit brokerage business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register with the administrative agency having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authority from December 16, 2012 to April 2013, operated an office in a manner that, without any trade name, solicits a loan by telephone by employing H, I, and J from 307 of the Ftel 307 of the Gwangju Mine-gu, operated the office in which the Defendant arranged the loan holders to obtain a loan from the lending institutions, such as the Hyundai Ss Savings Bank, the CTpths, and the Solomon Savings Bank, and received the fee equivalent to a certain ratio of the loan amount from the above institutions and the loan holders, and then received the fee from the above institutions and the loan holders on February 21, 2013.