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(영문) 전주지방법원 군산지원 2017.12.07 2017고합53
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From around 2012, the Defendant has run a loan business by lending money to clients that he received from investment or borrowed from others.

At that time, around June 2015, around 2015, 250 million won was loaned without any security.

C The loan was not repaid to the Do by the due date, and the loan was made several times without any security.

D) The number of debts to be returned, such as investment principles, has been continuously increased compared to loan claims, such as non-payment of loans.

In addition, around that time, the defendant has borne the individual debt amounting to KRW 10 million from the Saemaeul Treasury and KRW 630 million from E to KRW 10 million.

Therefore, even if the Defendant received an investment from the victims from June 2015, the written indictment states that the Defendant borrowed money from the victims.

However, in light of the evidence duly admitted and investigated by the court, the defendant is judged to have received money from the victims. Considering the fact that the defendant himself claims that he was invested in money from the victims, and that there is no change in the intent to acquire money and the recognition of deception as long as the defendant is deemed to have promised to guarantee the principal regardless of the pretext of giving money to the victims, there is a concern that the defendant may have a substantial disadvantage in exercising his

As such, it cannot be seen as above without any changes in indictment procedure.

Despite the absence of the intent or ability to pay the principal and interest to the victims due to normal management, such as lending the money with sufficient collateral, the victims were informed of the victims as follows and received assets from the victims.

1. On June 2, 2015, the Defendant against the Victim F, “2017, 53,” committed fraud against the Victim F, who was the victim F, “in-house loan business.”

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