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(영문) 창원지방법원 2016.09.22 2016고합167
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from Jinju to August 201, 201, operated the clothing store from Jinju-si to March 2014, and from around October 2015, from the date of “E Jin-si”, the Defendant operated the clothing store as a manager of “F Jin-si Points”, and from January 13, 2015, borrowed a sum of KRW 185 million from financial institutions around January 13, 2012 and October 13, 2014. The Defendant promised to pay high interest, borrowed money from the lender or bond company, and operated the clothing store in the manner of “return prohibition” under the inner name, such as repayment of interest or principal to other creditors, and the obligation was over KRW 50 million on December 2, 2012, and the status of the operation of the clothing store has deteriorated.

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), promoted clothes, etc. to G, which is a broadcasting station operator, and stockpiled money at a lower rate to the victim H through G in order to preferentially repay the obligation to pay high rate interest and pay interest.

On December 24, 2012, the Defendant stated that, at the I coffee shop located in Jinju-si, “The Defendant would set up a right to collateral security and make a repayment without mold because he/she owns the ground and arguments within the money, he/she would have lent the money to the victim until June 30, 2013.”

However, the above loan was intended to be used for the repayment of other debts, and there was no intention or ability to repay the above loan in the state that there was no collateral value, such as the establishment of a collateral security right as to the part of the above loan, in the real estate owned (an amount equivalent to KRW 28,139,00,000,000,000 for the land and a single-story house of 96.22 square meters for the land of 50,000 square meters in Gyeongnam-gun, Gyeongnam-gun, and the real estate owned (an amount equivalent to KRW 28,1

Nevertheless, the Defendant, as such, deceiving the victim, received transfer of KRW 29.1 million from the victim, and attached Form from around that time to October 26, 2015.

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