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(영문) 수원지방법원 2016.07.07 2016고합177
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

The defendant is a person who serves as a director for lending counseling from a sti bank.

1. No person who violates the Act on the Regulation of Similar Receiving Acts shall agree to pay the full amount of, or excess amount of, investments in the future without obtaining authorization or permission from the authorities, and shall receive money, etc. from many and unspecified persons for the purpose of making investments;

Nevertheless, the Defendant did not obtain the authorization and permission of the authorities, from July 17, 2013 to March 9, 2016, and had many and unspecified persons, such as E, F, G, and H, receive a financial right loan from a person who is unable to obtain a financial right loan because of low credit rating.

(B) If an investment is made to B, after the repayment of a loan to a person who is receiving a high interest rate as a result of the investment, it will increase the credit rating of that person and allow the person to get a loan of financial rights with a relatively low interest rate, and pay the person the profit from the investment to the Party with the fee collected from that person.

The rate of payment of profits is from 5P (payment of KRW 50,000 per day) to 9P (payment of KRW 90,00 per day), and if investment of KRW 10,000 per month, it will be paid KRW 980,00 per month as profits.

investment will only be made

(1) The principal and interest shall be returned at any time.

“In the context of an investment, the Plaintiff received KRW 301,00,000 in total from E to January 26, 2016, totaling KRW 378,327,215,50 from the total sum of 374,00,000 from the Defendant’s bank account (I) over 16 times, such as [Attachment Table 27 through 42] from around December 1, 2015 to January 26, 2016.

Accordingly, the defendant did similar receiving act without obtaining permission from the authorities.

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