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(영문) 서울남부지방법원 2016.07.07 2016고합158
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On or around October 2013, the Defendant: (a) around October 2013, the Defendant was making a repayment to the Victim M in order to obtain a loan from the first financial right (such as having been made by having a repayment on behalf of a person who has suffered a loan from the second financial right); (b) on or after October 2013, the Defendant borrowed KRW 100 million to the person in need of money, at least 10% of the fee shall be paid.

In the past, since the period of lending money and collecting principal was short, the amount of KRW 20 million from KRW 30 million to KRW 30 million was punished in one month, but there was a lot of people operating a large exchange business, making profits.

When lending money, 4% per month shall be paid, and the principal shall be repaid immediately before the month.

The phrase “ makes a false statement.”

However, not only did the Defendant did not register a loan business but also did not operate a large exchange business independently at the time of the victim’s said remarks, but only up to two to three months.

The Defendant started and continued to conduct a substitute exchange business with no money to raise people wishing to substitute, and even if the Defendant borrowed money under the above name, the Defendant did not have any intent or ability to continue to pay interest to the victim or to repay the principal.

On October 23, 2013, the Defendant received KRW 100,000 in cash as the borrowed money from the victim on October 23, 2013, and received KRW 200,000 in cash again on October 25, 2013, and received KRW 100,000 in cash as the borrowed money again on October 25, 2013, and received KRW 200,000 in total as the borrowed money twice as shown in the table of crimes No.

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

2. From around December 2014 to September 2015, fraud Defendant is almost under bankruptcy by using the money to purchase a bad debt to the victim on or around December 2014.

It is the way to lend 50 million won a ship to proceed with a substitute of 100 million won.

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