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(영문) 수원지방법원 2012.09.27 2012고합575
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

The Defendant, from around September 1, 2004, while running a credit business with the trade name of (State) KK, registered the credit business called “M” in the name of his employee L L, and received the investment money from the investors, such as N, H, He, and S, N, etc.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) received 29,400,000 won from the victim at any time on the same day on September 23, 2009 and received 29,000,000 won from the victim's bank R account in the name of the victim under the name of the victim, by phoneing the victim N on September 3, 2009 at the Suwon-si Office 1002 M, and by receiving interest of 2.5-3% per month from the debtor who operates the credit business and received from the debtor to return the principal to the national bank in the name of the defendant's wife Q at any time on the same day.

However, in fact, the Defendant planned to use the money invested by the victim from the beginning for the purpose of repaying the principal of investment and paying interest (i.e., influence) to other investors, such as T and U., and in around 2009, M established M, the Defendant had continuously decreased the loan performance due to the decline in real estate after March 2008, such as a decrease in the amount of KRW 510 million compared with the loan interest around 2008, and there was no intention or ability to pay the victim the profit of 2% per month to the principal of investment as the loan through the operation of credit business even if the Defendant received the investment money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim N and receiving KRW 29,400,00 from the victim, and also transferred KRW 29,40,00 from the victim, as described in attached Table 1, from September 3, 2009 to February 22, 2012.

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