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(영문) 서울중앙지방법원 2016.04.29 2014고합911
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

To the extent that the defendant does not actually infringe the defendant's right of defense, part of the facts charged was revised in accordance with the recognized facts without changing indictment.

From February 200 to October 201, the Defendant operated a lending company that mainly deals with bills, such as bill discount and brokerage, in the name of “F” in Seoul Jung-gu E and 807.

From around 2003, the Defendant received the amount equivalent to the remaining amount of the promissory note from G from among the commercial papers classified as Class A, B, and C due to the risk of the company's default, etc., the Defendant agreed to pay the amount equivalent to the remaining amount of the promissory note after deducting the interest at a discount of 1% per month or 1.1% per month from the date of delivery at par value to the date of maturity (i.e., par value x 1% (or 1.1%) x (i.e., the date of maturity - the date of delivery) x 30%) to G, but the Defendant agreed to assume the responsibility in the event of default due to endorsement by the Defendant.

When the maturity date of a promissory note delivered under the above agreement is due, the aggrieved party has traded promissory note discounts in the way of delivering the original promissory note at discount, which is delivered by the Defendant with new promissory note whose par value is increased as much as the interest at discount and whose maturity is not yet due, or adding discount interest to the existing promissory note, which is extended at face value and whose maturity is extended, by again receiving from the Defendant.

In addition, upon the implementation of the electronic bill system, the Defendant proposed the transaction of electronic bills to the victim. The Defendant: (a) traded electronic bills on the account of the victim; (b) printed out the “written inquiry about receipt of electronic bills,” stating the issuer of the electronic bill, face value, etc.; and (c) signed and sealed the phrase “written evidence of receipt of electronic bills; and (d) traded with a certificate representing monetary claims equivalent to its face value in the same manner as the aforesaid promissory note.

The above transactions.

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