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(영문) 서울중앙지방법원 2014.07.03 2013고합1228
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a business proprietor operating entertainment tavern D.

Although the Defendant had had mind to take over and operate an entertainment drinking house “D” on the first basement of Gangnam-gu, the Defendant, while having no acquisition fund, submitted the documents of pre-paid money (tentatively called “defaling”) to the owners of entertainment establishments in Gangnam-gu with the helpers of entertainment establishments, such as Gangnam-gu’s entertainment business, in the form of collateral, in the form of a loan as a specialized loan for entertainment drinking place (hereinafter “defaling loan”), and was aware of the fact that the loan is made through the broker G, the Defendant was to raise funds for entertainment drinking house acquisition and operation through the method, and was to obtain the false pre-paid money by securing the false documents as if he was an employee, and was to receive the loan from the person in charge of the FF Savings Bank.

Although the Defendant did not have the intent or ability to provide the pre-paid payment amounting to approximately 150% of the loans required at the time of applying for Maaling Loan as a collateral for the secured nature, the Defendant used the books of paper or recruitment to recruit false pre-paid payment documents, and requested the broker G to arrange the lending of loans.

Around January 2010, the Defendant stated a total of 17 indictments with H and other attached Table 19 in the above “D” entertainment taverns, but the Defendant appears to have difficulty in recognizing the causal relationship as seen thereafter, is excluded.

The fact is that the above person did not receive the prepaid payment because he did not work in the “D”, or that it did work in the “D”, but did not receive only the prepaid payment, but is deemed to be a person who received the prepaid payment.

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