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(영문) 서울북부지방법원 2016.11.23 2015고단4279
사기등
Text

A defendant shall be punished by imprisonment for six months and a fine of five million won.

If the defendant fails to pay the above fine, money is made.

Reasons

Punishment of the crime

1. On October 30, 2012, the defrauded made a false statement to the effect that “The Defendant, by calls to the victim C, borrowed money necessary to obtain a corporate bond business office in Seoul, Jung-gu, Seoul.”

However, in fact, the Defendant did not have any idea to use the money received from the victim to rent a bond business office, and did not have any property at the time, but was engaged in the bond business, but operated the bond business with no own capital, and was unable to recover the money borrowed from others due to a war with the bonds promoted by the government, the Defendant was not able to expect profits from the bond business, and the Defendant did not have any intent or ability to repay the money in addition to the repayment of the money borrowed from the victim, even if he borrowed the money from the victim, there was no intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim, received KRW 10 million from the victim as the borrowed money, from December 29, 2012, and by deceiving the victim on a total of six occasions, such as the entries in the attached crime list, from the time to December 29, 2012, and by deceiving the victim on a total of six occasions, he/she acquired KRW 60 million from the victim.

2. The Defendant violated the Act on the Registration of Credit Business and the Protection of Financial Users, without registering with the competent authorities, and run credit business by means of lending money to the needy people, including E, F, G, H, I, J, K, and K, and receiving reimbursement of 130% of the principal amount in total once every seven days from April 2012 to February 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning details of complaint and transactions;

1. Relevant provisions concerning facts constituting an offense;

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