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(영문) 서울동부지방법원 2016.09.09 2016고합231
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and for six months, respectively.

Reasons

Criminal facts

1. Defendant A

A. On July 2013, 2013, the Defendant: (a) the victim D, who was aware of usual places, had a house in his/her house, such as the instant water Dong and Hawon;

On the other hand, if he/she bears his/her own financial power, and lends money, he/she pays interest on the interest rate to the victim, and makes the victim speaks as if he/she will be responsible for paying the money, and he/she is a member of the fraternity where he/she provides guidance to the owner of his/her clothes, and he/she uses the money with ten percent interest per month and with ten percent interest per month.

On the face of lending money, the interest rate of 4% per month shall be lent to a third party with trustable money. The principal shall be refunded by deducting the money from the total amount to be received by the fraternity members after one year.

The phrase “ makes a false statement.”

However, in fact, the defendant was thought that the members of the fraternity operated at the time did not pay the fraternity in a normal manner, and therefore, the above members of the fraternity borrowed money from the damaged party, and the above real estate that the defendant told was not owned by the defendant.

In addition, the defendant did not have any intention or ability to pay the money normally even if he borrowed the money from the injured party because he did not pay the money properly in the state where he did not have any property at the time.

As such, the Defendant, by deceiving the victim, received KRW 6,00,000 from the victim for a loan on July 10, 2013, and received KRW 283,290,000 in total on 46 occasions from the above date and time to July 20, 2015, in the same manner as in attached crime list 1 re-acs.

B. The Defendant around August 2013, at a mutually infinite restaurant located in the Namdong-gu Incheon Metropolitan City, Namdong-gu, Incheon, “The Defendant is running the exchange of Japanese money to the victim, and is able to make profits.

When lending money, interest shall be paid at 2% per month, and the principal shall be repaid after one year.

The phrase “ makes a false statement.”

However, in fact, the defendant received money from the injured party and operated it.

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