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(영문) 서울중앙지방법원 2016.03.15 2015고합874
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in loan brokerage business in Jung-gu Seoul Metropolitan Government.

The Defendant, at the early November 2013, tried to acquire shares of the “D” loan business office located in Jung-gu Seoul Special Metropolitan City, to the victim E, who is the director, from the F side, to take over the shares of the “F corporation (hereinafter “gender”),” as a security, provides shares as a security, pays interest of 2% per month, and reimburses and reimburses the amount of interest within one month.

F makes a false statement that F is a person who has a considerable financial ability to reside in glargs, and that F will receive shares of gender in the law firm office located in G as well as F in front of the Seocho-gu Seoul Metropolitan Government G Building on November 5, 2013.

It was issued KRW 900 million from the victim, but the F did not secure the shares to be provided as security, and the victim immediately returned the amount of KRW 900 million to the victim.

At around 21:00 on the same day, the Defendant again stated that “The Defendant would offer 1.17 billion won to the victim as security through F if he/she loans to 1.2 million won.” On November 6, 2013, the Defendant received KRW 1.146 million in total from the damaged party with a check, etc. on the face of KRW 13:00 million in front of the above G building, on the face of the loan.

However, in fact, even if the Defendant borrowed money from the injured party, he/she was unable to offer stocks of gender in security, and monthly income as the bad credit standing person is less than 5 million won and there is no special property. On the other hand, as at the time he/she was liable for the debt of about 500 million won, he/she was planning to repay his/her debt from the injured party, and there was no intention or ability to repay the principal within one month.

Accordingly, the defendant, by deceiving the victim, obtained 1.1446 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning E’s statement in the second prosecutor’s examination protocol against the defendant; 1.

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