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(영문) 대구지방법원 2018.12.07 2018고합232
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal records] On June 30, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Telecommunications Business Act at the Daegu District Court, and the judgment became final and conclusive on July 3, 2017.

[2] Around August 2012, the Defendant: (a) while running a loan business without registration with B at Ansan-si from around August 2012, the Defendant: (b) decided to newly establish a loan company on the condition that the Defendant acquired the Defendant’s existing loan account (credit) by acquiring the Defendant; and (c) decided to acquire money by means of selling the loan account with the amount of loan principal and interest twice as much as the Defendant did not clearly state the loan amount and interest in the document to avoid the lack of experience in lending business and the crackdown; and (d) by taking advantage of the fact that it is difficult to confirm the principal and interest of the loan because the victim did not clearly state the loan amount and interest

On January 2013, the Defendant was in charge of the purchase, etc. of old lending accounts by the victims due to the fact that it was on January 2013.

B contact with B “A loan business has been conducted in Ulsan;

D There is a person who has been a lending business in inside and outside of Korea, and try to make the loan business and to make the business getting out of Ulsan.

I ask C whether there is any intention to purchase the lending account of that person. D) The lending account may be purchased at a low price of 10% at the remainder of the principal and interest of D lending account at a discount of 10%.

"Falsely speaking to the purport that it is "," and the above B referred to the same purport to the victim around that time.

Around February 5, 2013, the Defendant had received KRW 1,10,000,00 from the injured party, by deceiving the injured party as above, and then received KRW 790,550,000,00 in total, from around 97 times until May 27, 2013, as shown in the list of crimes in attached Table, from the E Union account (F) in the name of B for the purchase of old loan accounts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. A detailed statement of transaction of E partnership account in B;

1. The loan certificate, etc. (No. 6 times a year);

1. Investigation Report (Presentation of Statement of Account Transactions in Suspect B E Association account) and Account Statement (29 No. 1.29).

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