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(영문) 제주지방법원 2013.04.11 2012고합288
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2012 Gohap288]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim C, when the Defendant operated E, which is a used vehicle trading company in Jeju, from around April 2008, in order to operate a used vehicle trading company in D from around Jeju, and began its business with a loan of at least one billion won from the victim C for operating funds, such as the purchase cost of used cars. However, the proceeds from the sale of used cars sold the above company around March 10, 2010 as it is difficult to cope with the interest difference in the borrowed amount. From the end of March 1009, the vehicle repair business company was operated in Jeju City F from the end of Jeju, but its operation fund was operated from the victim, but its operation fund was also lent from the victim and its interest was prevented from being paid as well as the principal of the borrowed amount.

Nevertheless, from July 2010 to July 2010, from the victim acquired H restaurant in the city of return by borrowing money from the victim, and using it, he thought to operate the I Production Complex and the I Production Complex, which is in the city of return to the victim, and thought that the victim is operating E, with the mind that the victim is operating E, he borrowed the Operation Fund of the Hab cafeteria.

On July 2010, the Defendant: (a) at the K Licensed Real Estate Agent Office in the K Office of the Victim’s Operation of the Seocho-si, the Defendant agreed to the effect that “If the Defendant borrowed the funds for the operation of the Hanan to operate the Hanan restaurant to the I Construction Site located in Seopo-si, the Defendant would sell the profits and the used cars of E currently in operation to repay the borrowed money without molding the borrowed money.”

However, in fact, around March 2010, E had already been transferred to another person, and even if the victim borrowed money from the victim to operate the restaurant with no particular income or property at least one billion won, it was difficult to take charge of interest payment on the loan alone.

In addition, on November 201, 2010, the Defendant is operating a used car sales company to the victim at the above place, and on Jeju-do.

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