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(영문) 대전지방법원 2012.10.12 2012고합113 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

From around 2009, the Defendant, as a loan counselor of Solomon Capital, was engaged in the business of soliciting persons to receive loans from Solomon Savings Bank. On November 201, 2010, when a civil petition was filed and it was no longer possible to provide a loan in his/her own name, the Defendant provided a loan consultation under the name of Donglomon Savings Bank, HK Savings Bank, Switzerland Savings Bank, Switzerland Capital Bank, and Pacific Capital.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with a view to raising the result of the loan and paying compensation to the person who filed a civil petition against the loan interest rate, etc. while engaging in the loan consultation and brokerage business.

On January 26, 2012, the Defendant made a false statement to the victim E in Daejeon to the effect that “the Defendant is a member of the Solomon Savings Bank, and ought to raise the performance of the loan. If the Defendant is able to obtain a loan under the name of the victim, he would immediately redeem the loan without the redemption commission before maturity, and the Defendant would refund the loan fee (10% of the loan) received from the bank to the victim.”

However, at the time of fact, the defendant was used to compensate for the difference in the loan fee and loan interest rate for the previous loan recipients, and there was no intention to immediately dispose of the repayment.

As above, the Defendant, by deceiving the victim, had the victim borrow 30,000,000 won from the Solomon Savings Bank on the same day and wired the same amount to the cit bank account (F) under the name of the Defendant, and then acquired it without redeeming it. From November 10, 2009 to February 9, 2012, the Defendant had the victims obtain a loan or substitute loan, and the Defendant used the loan.

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