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(영문) 의정부지방법원 고양지원 2019.01.23 2018고단2787

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who has operated a mutual loan company with the trade name “C” located in Yongsan-gu Seoul Metropolitan City B.

Around March 2012, the Defendant stated that “A victim D, who became aware of the introduction from the above C Office, has engaged in a credit business, has been making profits from an investment and a credit business, and if the Defendant borrowed KRW 50 million, the Defendant would pay interest at 24% per annum on the loan with the funds, and would return the funds in the way of sight that the principal is guaranteed and the principal is requested to be repaid immediately.”

However, as seen above, it is essential for the Defendant to borrow money in return for promising payment to the victims and other financial owners, and thus, the Defendant used approximately KRW 750,000,000,000 to borrow money out of approximately KRW 975,500,000,000 for credit business. At this time, there was no reserve requirement to respond to the request for refund of daily meal service funds from the financial owners. In order to pay interest at 24% per annum to the financial owners, there was a possibility that the loan would not be properly recovered the principal of the loan by promising the loan holders to receive interest at a rate of 39% per annum from the financial institutions to receive interest at a rate of 39% per annum. Since there was no operation of any particular investment business at a certain time, there was no intention or ability to return the credit business funds borrowed from the victims.

On April 30, 2012, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim as the loan money and acquired it by defraudation, etc. from the victim on or around April 30, 2012, and acquired it by deception, etc., until January 22, 2015, the Defendant acquired KRW 360 million in total from the victim D and E through 11 times, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police interrogation of the accused (including the E or D statement);

1. Statement of each police statement of E and D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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