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(영문) 대구지방법원 상주지원 2014.08.12 2014고단150
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

1. The Defendants’ co-offenders, claiming for a business operating a loan business with used cars as collateral, were in physical colored by the investors. On December 2012, the Defendants became victims E at the “D” restaurant located in Busan Shipping Daegu, Busan.

The Defendants conspired and did not start from the operation of a used vehicle security loan business. Defendant A promised to make an investment to the victim by stating that “A is engaged in an act of receiving a high-speed loan from other persons, and is paid interest up to the time of the payment of the loan, and if the money is not paid in full, the principal and interest of the vehicle provided as security shall be appropriated, so safe and safe profits shall be ensured, since the principal and interest of the vehicle provided as security is sold,” and Defendant B provided that “A is a person who is trusted, and even if an accident occurs, it is intended to make a security deposit to the victim.”

From December 14, 2012, the Defendants received a request for a loan of money by means of money as security from the victim and received a total of 6,350,000 won from the victim as investment in the loan business until February 4, 2013, such as receiving the remittance of KRW 26,660,000 from the victim, without any fact that the Defendants received a request for a loan of money by means of money from the victim.

2. On January 4, 2013, Defendant A stated, “Around January 4, 2013, the Defendant said victim stated that “I will divide the profits from investment into small loan business in which prior interest is detached, other than used cars as security loan.”

However, the fact is that there was no intention or ability to proceed with the microcredit business because of the failure to secure the customer floor.

The defendant receives 2.5 million won from the victim on the same day, and until February 3, 2013, he/she receives from the victim, etc., [Attachment Table 7, 9, 11].

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