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(영문) 대구지방법원 서부지원 2013.09.12 2012고단1544
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users, in collusion with C, lent 4.75 million won, subtracting 2.50 thousand won per annum from D on August 201, 201, under the condition that 100,000 won per day be repaid with principal and interest of 60,000 won per annum, without registering credit business, and received interest of 292.1% per annum from November 201 to November 201 in the same manner as indicated in the separate list of crimes, and lent 5,0350,000 won per annum to the total 26 debtors in the same manner as indicated in the separate list of crimes.

2. Around July 2011, the Defendant made a false statement that he/she would receive a large amount of money through the credit business partnership business if he/she intends to make an investment in money to the victim E, and that he/she would make a profit-making if any.

However, even if the defendant receives money from the victim, he did not have the intent or ability to divide the profits of the victim by running the credit business with the victim, and the account book stating the details of the loan was also prepared by the defendant in a false manner.

The Defendant received KRW 40 million in total from August 17, 201 to October 14, 201, from the victim, to the Defendant’s agricultural bank account as the said investment deposit.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Examination protocol of suspect C by the prosecution;

1. Statement to E by the police;

1. Details of transactions in each passbook;

1. -Memmos and specifications of transactions;

1. An investigation report (Attachment of a copy of summary order C by a suspect C), - A copy of summary order application of one relevant statute;

1. Article 19(1)1 and Article 3 of the Act on Registration of Credit Business and Protection of Financial Users, Article 30 of the Criminal Act, Article 19(2)3 and Article 11(1) of the Act on Registration of Credit Business and Protection of Financial Users, Article 30 of the Criminal Act, Article 347 of the Criminal Act concerning criminal facts.

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