(영문) 창원지방법원 통영지원 2014.04.17 2014고합2

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2014.04.17 2014고합2

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the sequence 1 to 45 of the annexed crime sight table (1) shall be set out.

Reasons

Punishment of the crime

Since around 1984, while the Defendant was operating a serial system and a successful bidder as a leading shareholder, there was a member who did not pay the fraternity even after receiving the fraternity from the IMF in around 1997. However, it was difficult to pay the fraternity to the members because it was difficult for the Defendant to receive the fraternity.

Accordingly, the Defendant concealed the use of the fraternity for the purpose of paying the fraternity, and neglected to pay the fraternity from the fraternity members with money borrowed, or to operate the fraternity in the manner of “losting” by withdrawing the money from other fraternitys and paying the fraternity.

Around 2001, the Defendant: (a) around 2001, the monthly interest rate of KRW 500 to KRW 600,000 was to be paid; (b) from around 2002 to around 2003, the monthly interest rate of KRW 10 million was to be paid; (c) the interest rate of KRW 20 million was to be paid from around 2004 to around 2007.

In addition, the defendant operated the system in the way of "losting" and paid guidance money to the members, so there was no intention or ability to repay the money from the victims, and even if he received guidance money from the members, there was no intention or ability to pay the guidance money.

1. On January 16, 2007, the Defendant stated that “A victim D was urgently required to pay money, 25 million won,” at a non-permanent place.

However, even if the defendant borrowed money from the victim as above, he did not have the intent or ability to repay it.

The Defendant received the remittance of KRW 19 million from the victim on January 16, 2007, and acquired KRW 6 million in cash on January 18, 2007 and acquired KRW 25 million in total.

2. The Defendant committed a crime against the victim E is in the Hasung-gun of Gyeongnam around July 2005.

유사 판례

-울산지방법원 2019.07.10 2018고단2937

-부산고등법원 (창원) 2014.07.09 2014노128

-대전지방법원 천안지원 2014.04.04 2013고단1807

-울산지방법원 2019.7.10.선고 2018고단2937 판결

-서울고등법원 2019.04.05 2018나2048466