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(영문) 부산지방법원 2016.06.10 2016고합64
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Reasons

Punishment of the crime

2016 Gohap 64 Defendant was serving as a staff member of a certified judicial scrivener office and engaged in affairs, such as personal rehabilitation and bankruptcy.

In a situation where there is no property or income other than KRW 500 to 70 million monthly income, the principal and interest of C, etc., upon lending money from the bond business entity C, etc. and paying the principal and interest of the existing debt with the said money, and the principal and interest of C, etc., upon lending money from the bond business entity C, etc., was at least KRW 250 million in early 2013, and it was no longer possible to repay the debt in the above way. On early 2014, she borrowed money from D, H andJ to pay the debt of C, etc., and on early 2014, she continued to lend money from the victim’s first 390,000,000,000 won in total to the above D, H andJ, and 30,000,000,000,000,000,000 from the victim’s first 2,014 to 20,000.

On July 7, 2014, the Defendant: (a) in the influence of the trade name located in the Nam-gu Busan metropolitan area, the Defendant extended money to the victim on behalf of those who do not apply for personal rehabilitation because of the absence of money; (b) 2-3 days which are short after receipt of the application; and (c) collected the principal again within seven-10 days from the date of receipt of the application.

The term “a loan for the interest rate from the loan of money” was called as “a loan for the interest rate.”

However, in fact, the Defendant was thought to use the money borrowed from the injured party to repay the existing debts owed to other creditors, such as C, etc., and such obligations as above.

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