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(영문) 대구지방법원 포항지원 2020.03.12 2019고합81
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

To the extent that the identity of the facts charged is recognized and the exercise of the defendant's right to defense is not substantially disadvantaged, part of the facts charged was revised

From around 2017, the Defendant continued to operate a restaurant in the south-gu B B (S), and had continued to operate the restaurant business with the borrowed money from others, and the so-called “frightening” situation in which the Defendant repaid the debt to other persons continues, and the interest to repay the debt to the nearest 10,000,000 won per month, I tried to keep in mind the financial situation by borrowing money under the name of “the funds to be purchased via the backbbing H association without undergoing a normal auction procedure under the supervision of the backbing H association.”

On February 20, 2019, the Defendant concluded that “Around February 20, 2019, the Defendant borrowed 30% of the principal amount and 10% of the 10% of the 10% profit of the 10% profits of the 10% profits of the 10% profits of the 10% profits of the 10% profits of the 10% profits of the 10% profits of the 10% profits of the 10% profits.”

However, the Defendant, at the time, was in excess of the debt amounting to KRW 2,100,00,000 for another person. The interest on the above debt amounted to KRW 100,000 per month, and the restaurant in operation was thought to use the money borrowed from the victim as a repayment for another person’s debt, and thus there was no intention or ability to repay the money after using the money borrowed from the victim as a repayment for the money borrowed from the victim.

Around February 22, 2019, the Defendant received KRW 10,000 from the victim in total 583,00,000,000 from around that time to May 7, 2019, as shown in attached Table 1, from a new bank account (Account Number) in the name of the Defendant, as the loan money, to a new bank account in the name of the Defendant.

In this respect.

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