beta
(영문) 춘천지방법원 2017.06.30 2016고합114

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for two years.

However, this judgment is delivered to the defendant A.

Reasons

Punishment of the crime

1. Defendant B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud Defendant planned to trade the money received from investors as a result of the introduction A by way of so-called “the return of the money previously borrowed (the money borrowed).”

A listens to the Defendant’s talk that “A will pay KRW 1.30,00 won principal and interest every five days of lending KRW 20 million to the Defendant.” On November 201, 2013, at a place where it is not known to the Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as Dongdaemun-gu), “B lending money to the commercial persons in Gangwon-do F Mt and is doing a personal bond-backed business.” A lent 2 million won per maximum person to the necessary merchants of money and borrowed 2,00,000 won per 10-day principal and interest for each five-day period of 100 days, and deposited 130,000 won per 10-day principal and 2,60,000 won.

In this case, a lot of money can be imposed on the investment, and the introduction fee will be exempted from paying only 16 to 180,000 won per old unit (20 million won).

It stated that it is difficult to work and that it is "D containing money in which high profits are guaranteed."

However, even if the defendant received money from the victim E, the defendant did not have a plan to lend it to others again and was planning to trade with the victim E by means of return prevention, and therefore, even if he received money from the victim E as investment money, he did not have the intention or ability to pay the principal and the profit properly.

As above, from November 11, 201 to December 16, 2014 from the victim E to the victim E, Defendant 2,778,440,000 won in total over 353 times, as shown in the list of crimes in attached Table (1) to December 16, 2014, and from April 8, 2014 to December 12, 2014 from the victim G, the sum of KRW 71,220,00 in total over 33 times, such as the list of crimes in attached Table (2) from April 8, 2014 to December 9, 2014 from the victim H, and from July 8, 2014 to December 9, 2014 from the victim H.