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(영문) 의정부지방법원 2018.06.28 2018고합25
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2018 Gohap 25" Defendant 2, on October 24, 2016, at the Geumyang-si, Namyang-si, the victim E.

Since the president has lent a full-time and received interest, the president has paid 5 parts or 10 parts of interest and paid the principal on the desired date.

However, the facts revealed, however, that the Defendant did not use the term “interest play” in which he borrowed money to a person in need of wage, and did not use the term “the Defendant did not have any certain occupation or income,” and thus, the original facts charged are that “the Defendant did not have any certain occupation or income,” but the Defendant was operating a package in the name of Lonnman from June 2013 to January 2018, and thereby, the Defendant obtained a certain amount of income from this, and thus, the Defendant did not have any occupation or income but did not have any certain income. However, it is sufficient to find the Defendant guilty of this part of the facts charged on the sole basis of the remainder of the facts charged, and thus, it is sufficient to delete the said portion ex officio.

Even if a person receives money from the injured party as the interest play, there was no intention or ability to return high interest or principal with interest play.

On October 24, 2016, the Defendant received KRW 1,182,940,000 from the injured party to the national bank account (F) in the name of the Defendant, and acquired money from the time around that time to July 3, 2017 by remitting KRW 1,182,940,00 on a total of 141 occasions, as shown in the attached crime sight table 1.

[2018 Gohap 99] The Defendant borrowed money from another person without any property owned from around December 2014 to appropriate it for living expenses, etc. Around May 2015, the Defendant was urged to repay debts exceeding KRW 600 million, and no longer was a way to prepare for living expenses, etc., he/she would pay money by using the term “interest play” in which he/she lends money to a person in need of the supply.

Part of others after borrowing money from people.

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