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(영문) 의정부지방법원 2017.06.07 2017고합66
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for six years.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On December 10, 2013, the Defendant against the victim F was at the Defendant’s home located in the Gu apartment G at the Government-si around December 10, 2013, to the victim F, who was the birth of an elementary school. The Defendant would give high interest upon the Defendant’s investment in money.

If investment of KRW 10 million is made, interest of KRW 400,000 shall be paid monthly.

“..................”

However, the defendant's omission is not engaged in the corporate bonds business. The defendant had no job or property from around 2003 due to the bad credit standing, and the defendant has already been responsible for a considerable amount of debt due to the expenses for the medical treatment of children suffering from brain dysys and has already been paid only with high interest in the so-called "return prevention" form. Thus, there was no intention or ability to pay the principal or interest of the defendant and his child when he used the money for the living expenses and medical expenses of the defendant and his child. Thus, the defendant was planned to pay the principal or interest of the existing debt in the corporate bonds business with the money of the victim, and thus there was no intention or ability to pay high interest.

Nevertheless, the Defendant received 20 million won on the same day from the injured party who made a false statement to the victim.

In addition, the Defendant received a total of KRW 370,100,000 from the injured party, as shown in attached Table 1 as of December 13, 2016.

2. On March 7, 2014, the Defendant against the victim D: (a) the victim D, who was not a party in the old market, borrowed money to the person who was in need of supply in the old market and received high interest; (b) the Defendant borrowed money to the person who was in need of supply in the old market; (c) the Defendant would pay the high interest every month; and (d) the principal will return at any time within one month when the return is requested.

It refers to “a loan of money necessary for the bond business” and “a loan.”

However, even if the defendant receives money from the victim for the same reasons as the above 1 paragraph, he shall invest in the bond business or pay a higher interest, and shall guarantee the principal.

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