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(영문) 창원지방법원 진주지원 2015.10.21 2015고단797

사기등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction

Nevertheless, on March 29, 201, the Defendant extended a total of KRW 177,700,000 from December 12, 2014, including lending KRW 100,000,000 from June 30, 201, which was determined as June 30, 201 after three months of the due date, to receive 10% of the principal every month as interest.

Accordingly, the Defendant, without registering, engaged in credit business.

2. The Defendant borrowed money to the people as described in paragraph 1, and was engaged in unregistered credit business with interest of 10% per month. When money falls short of the money, the Defendant paid 7% interest per month to the victims of pro-Japanese arrest and used it to “bonds play” by lending money.

From March 28, 2012 to April 13, 2013, the Defendant borrowed approximately KRW 17 million from the victim to the victim. However, since around May 28, 2013, the Defendant intended to extend the size of the bonds by lending money equivalent to KRW 17 million from the victim to the lending of the said money, making it impossible to prevent the lending of the loan from being carried out due to the lack of money possessed from around A, 2013. As such, the Defendant planned to borrow money from the victim in a short period of time to raise interest income.

Accordingly, the Defendant borrowed a total of KRW 16 million from the victim from October 5, 2013 to December 12, 2012 of the same year, and paid interest at 7% per month to the victim. The Defendant provided loans to the above 16 million won to the persons. However, as a considerable number of non-performing loans have occurred and losses have occurred until April 2014, a period of three to four months past the due date, the Defendant extended the amount of the bonds by lending additional money from the victim and increasing the amount of the bonds.