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(영문) 대구지방법원 2018.04.19 2017고단6259
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On December 15, 2016, at the “E” clothing store for victim D’s operation in Daegu-gu, Daegu-gu, the victim knew that he/she intended to make an investment in the loan business, and, with the knowledge of the fact that the victim would have to make a small-sum loan business, “If a university student had a university student make a loan business with a small amount of money, a reasonable profit will be guaranteed, but if a loan is made in the way of investment, a half of the profits will be made by operating the loan business

“The phrase “ was false.”

However, even if the Defendant received money from the injured party, the Defendant had no intent to use the money for the loan business for the number of days, and had the intent to use the money for gambling using the Internet site. In the event of gambling, the profits cannot be guaranteed. Therefore, even though the Defendant did not have the intent or ability to pay the profits as agreed upon by the victim, the Defendant was transferred money KRW 3 million as a loan for the number of days with profitability as a small amount of profit-making business.

Accordingly, the Defendant, by deceiving the victim as above, received a transfer of KRW 3 million from the Saemaul Treasury (Account Number: G) in the name of F on the same day from the victim, and received a total of KRW 52,70 million through the same method from February 23, 2017, as well as from the date to February 23, 2017.

2. A person who intends to engage in loan business shall register his/her business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and if a unregistered credit service provider grants a loan, the interest rate shall not exceed 25/100 per annum;

Nevertheless, on January 26, 2017, I's house located at H or 201, Daegu-gu, Daegu-gu, and 201, loaned a gold of KRW 3 million to Dong and agreed to receive interest and principal over 60 times a day by 60,000 each (the annual interest rate 225.7%).

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