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(영문) 청주지방법원 2016.04.29 2015고합219
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the seed wholesale business in the D market located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, with the trade name "E".

Around October 2009, the Defendant came to know of the Victim G with the introduction of F, which was friendly with the case of apartment rental in the past, and around June 2010, the Defendant stated to the effect that “When he lends money to the Defendant, he would purchase it with dry field so that he can purchase it with dry field and sell it in the D market, he would pay a high interest on the remaining profits by purchasing it with dry field so that he would return it after a year.”

However, the Defendant had a debt of KRW 370,00,00 to the Seowon Credit Cooperative at the time, and the principal and interest paid to many creditors, including J, etc. on June 2010 up to KRW 24,480,00,000,00,000. The real estate purchased with a loan was also difficult to sell it due to the lack of its value and there was no transaction. The real estate purchased with a loan was at least KRW 30,000,00,000,000, and it was difficult for them to sell it due to the lack of its value, and there was a circumstance for them to use the loan wholesale business with a higher interest and to use it as the Defendant’s living cost and debt repayment, etc., and even if it was accumulated each month, there was no intention or ability of the victim to use the loan wholesale business with a high interest and with a temporary repayment of part of the existing debt amount, even if it was at the end of the end of December 2012.

Nevertheless, on June 7, 2010, the defendant deceiving the victim as above and had the victim transfer 30,000,000 won to the Agricultural Cooperative Account (K) in the name of F under the pretext of the loan.

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