beta
(영문) 춘천지방법원 강릉지원 2016.02.18 2015고단1344

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in loan business or loan brokerage business without registration shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without such registration on August 25, 2010, lent KRW 3,50,000 to the victim C in cash, and received a total of KRW 4,400,000 from September 5, 2010, and run a loan business without registration with totaling KRW 43,30,000 to the victim eight times during the period from October 1, 2010 as indicated in the list of crimes in the attached Form.

2. The Defendant, on July 3, 2012, sent the victim C one time again within the “Gangwon-do University” located in the port of Gangseo-gu, Gangnam-gu, Kangwon-si, Gangwon-do.

In proposing, the victim made a false statement to the effect that the victim "if the width (victim) invests KRW 20 million, the other investor shall invest KRW 25 million and the amount of KRW 50 million per himself (Defendant) shall be KRW 50,000,000 in total, and the victim shall again operate the private sports earth site."

However, even if the Defendant received money from the injured party, the Defendant did not have the intent or ability to operate a private sports climate site, and the Defendant did not receive payment in the course of engaging in monetary transactions with the injured party.

It was intended to arbitrarily cover the estimated amount of money.

The defendant received 20 million won from the injured party as the same day investment money from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

1. Relevant Article 347(1) of the Criminal Act for facts constituting an offense (a fraudulent point), registration of loan business, etc., and choice of imprisonment for each of Articles 19(1)1 and 3(1) of the Act on the Protection of Financial Users (a point of business without registration).