beta
(영문) 광주지방법원 2018.10.05 2017고단4466

사기등

Text

1. Defendant A shall be punished by imprisonment with prison labor for not less than two years and nine months;

Defendant

Of the facts charged against A, 2018 Godan 1055.

Reasons

Punishment of the crime

[The records of concurrent crimes after Article 37 of the Criminal Code of Defendant A] Defendant A was sentenced to imprisonment with prison labor for three months at the Gwangju District Court on April 18, 2018, and the above judgment became final and conclusive on April 26, 2018.

[2017 Senior 44666- - Defendant A is the actual operator of the K farming association, L farming association, and N farming association established for the purpose of selling agricultural and fishery products. Defendant B is the representative of K farming association, and Defendant C and Defendant D are the team leader of each K farming association.

The Defendants decided to put the remaining amount after deducting 5 through 7% of the credit card settlement amount by using the agricultural partnership benefiting from corporate tax reduction or exemption ever-to-be paid to credit card payers, and then borrowed the necessary funds from other persons, and Defendant A took charge of all business affairs, including K farming association corporations, L farming association corporations, N farming association corporations, and card tin. Defendant B, Defendant C, and Defendant D, who are working as the representative or team leader of each K farming association corporation, introduced the funds to Defendant A as a recommendation allowance and received 2 through 3% of the borrowed money in return for the said recommendation allowance, and take charge of business affairs, etc. related to nearby and changing payment as set forth below.

그러나 속칭 ‘ 카드 깡 ’으로 발생하는 수익은 신용카드 결제금액의 5 내지 7%에 불과한 반면 돈을 빌리는 조건은 주변( 週辨), 월변( 月辨 )으로 나누어 져 있는데 주변의 경우에는 돈을 빌린 날을 기준으로 5일마다 원금의 10%에 해당하는 금액을 12회에 걸쳐 지급함으로써 60일 (5 일 × 12회) 이 되면 총 변제해야 할 금액은 원금의 120% 이고( 연 이자율 120%), 월변의 경우에는 매월 원금의 10%를 이자 명목으로 지급하다가 변제기에는 원금을 전액 지급함으로써...

참조조문