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(영문) 대구지방법원 2018.07.13 2018고합192
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Presumption Facts] Since the commencement of stock investment from around 2015, the Defendant lost approximately KRW 47 million, and invested KRW 150 million from the neighbors, but failed to recover it, the Defendant was faced with an economic difficult situation, such as paying interest equivalent to KRW 4.5 million each month.

[Criminal facts]

1. From July 2017, the Defendant came to know that there was a surplus funds to the victim while operating the “E”, which is a corporation selling and lending real estate with the victim C, from the Daegu-gu building and the fourth floor of the building from around July 2017, which is a corporation selling and lending real estate with the victim C.

The defendant is urged by other creditors to pay the repayment, and the defendant is active as if he had re-fited the F apartment in Daegu-gu, which is residing in his monthly income as his own ownership, and he borrowed money to the other creditors and received interest.

“Falsely speaking and with intent to lend money from the damaged person to repay his/her debt.”

At the above E office around September 14, 2017, the Defendant requires the victim to leave the election of the H Gu Council member.

The principal will be returned after giving two copies of interest, and one to two months and making one to two months of money.

The money shall be returned at any time.

“A false representation was made.”

However, the Defendant was planning to repay his personal debt from the damaged party, and did not intend to lend his money to G with a private village. Even if the Defendant had a debt of KRW 00 million at the time and borrowed money from the damaged party due to no particular income, there was no intention or ability to change it after one to two months.

Nevertheless, the defendant deceivings the victim as above and receives KRW 97,50,000,000,000,000,000,000 from the victim under the pretext of borrowing from G on the same day from the victim to the account (Account Number: I) of our bank account.

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