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(영문) 대전지방법원 2019.08.22 2019고합82
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal record] On July 21, 2011, the Defendant was sentenced to two years of imprisonment for fraud in the Daejeon District Court's Incheon Branch Branch of the Daejeon District Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on July 3, 2013, and was released on August 14, 2015 in the astronomical Open Prison on parole on the parole of the prison on August 28, 2016 and completed the execution of the sentence.

[Criminal Facts] Around February 2017, the Defendant introduced a victim to B (the victim C’s wife) who was aware of his/her reputation and was asked to offer a loan to B (the victim C’s wife) for a fee to offer a loan, and B introduced the victim.

On March 1, 2017, the Defendant made a false statement that “The Defendant would raise interest on the loan of money to the victim and make up the principal to the victim at the cross-scopic shop located in the Chungcheong budget.” The Defendant made a false statement to the effect that “The interest will be paid for six months, the maturity of one year shall be 4% per month, and the unit of ten days shall be 6% per month or 9% per month.”

However, at the time, the Defendant had no intention or ability to repay the principal and interest even if he/she borrowed money from others on September 1, 2014 by borrowing fraud, etc. using the method of guaranteeing high interest in operating a lending company for more than four years (in the case of a business registration certificate, construction business, trade business, etc., but actually operated a credit business). The amount of the existing total debt amount exceeds KRW 1 billion and KRW 500,000,000,000,000,000,000,000,000,000,000,000,000, out of the amount of additional damage caused by fraud, etc., and, in the absence of any occupation, the personal debt amount exceeds KRW 30,000,000,000,000,000,000 won.

The Defendant deceivings the victim by such a method, and deceivings the victim, from March 2, 2017 to December 21, 2017, Defendant 28 times in total, as shown in the list of crimes in the attached Form, from March 2, 2017 to December 21, 2017.

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