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(영문) 대전지방법원 2015.04.15 2015고단185 (1)
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. The Defendant: (a) recruited those who wish to borrow money and arranged for financial institutions and received fees; (b) paid the debt of the applicant who borrowed money on behalf of others in order to increase profits from the lending; and (c) the Defendant continued to obtain a loan of more amount than the previous debt and return the money borrowed in lieu of the loan and pay the loan fee in the form of money transaction in which the Defendant paid the loan. However, as the personal debt increases due to the failure to implement the loan as planned, the Defendant attempted to obtain money by deceiving the victim C with the knowledge of the loan transaction and obtain money.

On February 27, 2013, the Defendant stated to the effect that “the Defendant would pay a debt to the Defendant with a preference to the debt of the loan applicants while performing a credit consultant for the Bank Loan, and then would receive more money from the loan applicants by raising the credit rating of the loan applicants.” If the Defendant borrowed money, the Defendant would pay 10% of the loan from the loan applicants by adding 3% interest to the principal through the above loan work.”

However, the Defendant, at the time, has reached KRW 00 million due to the loss of the above lending operations, and was paid with the repayment of the borrowed money for the lending operations. Even if the Defendant borrowed money from the victim, he was thought to be used for the repayment of the personal debt or living expenses, and there was no intention or ability to pay the interest that the Defendant created through the lending operations and promised to pay the principal to the victim.

Nevertheless, the Defendant, by deceiving the victim, received a total of KRW 3,797,175,00 from the victim until March 20, 2014, such as the statement of “the details of remittance from the victim” in the attached list of crimes committed by the victim, and in the process, received the remittance from the victim.

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