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(영문) 서울동부지방법원 2019.05.09 2018고합370
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

To the extent that the defendant does not actually infringe the defendant's right of defense, the phrases of the facts charged were appropriately revised.

1. Consumed facts B Co., Ltd. (hereinafter “B”) is a corporation established around June 23, 2017, which aims to provide online platform services for lending online (P2P to Peer; hereinafter “P2P”), and C Co., Ltd. (hereinafter “C”) is a corporation established around July 19, 2017 for the purpose of providing credit business related to P2P lending (hereinafter “P2P-linked lending business”).

B After receiving a business plan, revenue and expenditure sheet, field photograph, etc. from a specific borrower to examine the profitability of the relevant development project, the collateral value of the relevant real estate, possibility of collecting the loan, etc., and, if deemed appropriate, disclose information necessary to determine whether to grant a loan, such as the credit rating, purpose of the loan, the collateral ability, etc. on the online platform, and individual investors who are members of the said company are to report information attached to the investment product and set the amount of investment.

Since then, C, a P2P-Linked Credit Business Corporation, is entrusted by B with the management of investment funds, etc., and lends funds received from investors who decided to invest in a specific P2P product to the borrower, and if the borrower subsequently redeems the principal and interest, it shall be allocated to the said investor.

2. In the case of P2P loan investment products, the criminal facts B disclosed to the P2P lending online platform, a business plan, land analysis table, on-site photographs, etc. concerning specific real estate development works submitted from a specific borrower, which are deemed appropriate and posted after examining the business plan, on-site analysis table, on-site photographs, etc., and new construction works, etc. of buildings specified in the site address

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