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(영문) 광주지방법원 2017.11.17 2017고합22

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.

Defendant

Sexual assault against A for 40 hours.

Reasons

Punishment of the crime

2017 Maz. 22

1. Defendants B violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as the representative director of the IJ Office, and Defendant A lent KRW 50 million to Defendant B around 2009.

The Defendants were unable to borrow and repay KRW 500 million from many people at the time of filing a complaint against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes on March 25, 2010, on the following grounds: (a) although the sale of Jtel’s office in charge of the Defendant B was delayed, and (b) Defendant B was under pressure on the payment of the cancellation and penalty to the vulnerable; (c) Defendant B was unable to repay the funds by the due date; (d) Defendant B was unable to repay the funds within the agreed period after borrowing KRW 1 billion from K; and (e) Defendant B was unable to borrow and repay the funds for a considerable period of time; and (e) Defendant B was given a new office to a financial institution as collateral, but even if Defendant B was unable to borrow additional funds, even if there was no intent or ability to repay the funds from time to time, Defendant B was aware of the fact that there was a high interest on LW’s interest on the loans.

The Defendants, around April 23, 2010, hold 17 stores in the “M coffee shop” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, to the victims L, “Defendant B owns 17 stores in J stores and is the president of N stores.

O has promoted the purchase of buildings equivalent to 15 billion won in order to put the N No. 2, but the down payment of KRW 1 billion is required.

On July 30, 2010, 1 billion won will be paid by adding interest to KRW 300 million until July 30, 2010, because there is no money in the temporary water.

At present, J's 17 stores have been secured and 18 billion won has been loaned until July.

The above stores are now secured by security.