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(영문) 대구지방법원 서부지원 2018.04.26 2017고합214
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant: “Around February 2, 2015, the Defendant raises a high profit by running a “ware-type warehouse business” that lends money to a distributor with interest of 5-6% per month on household appliances, such as air conditioners, and equipment, etc. as security; and there is no concern to collect money as security because the principal is more than 10 times as much as the principal. Therefore, if the Defendant lends money to a “ware-type warehouse business”, the Defendant would pay interest of 2.5% per month and pay the principal at any time.

“The phrase “ was false.”

However, from the end of 2013, a person who borrowed money as security for home appliances, etc. from the end of 2013, caused a loss to the "warebroking project", and since the incident of the Sewol ferry on April 2014, the management of the "E" operated by the defendant has deteriorated, making it difficult to pay the principal and interest, etc. of the defendant's existing obligation with the profits of the above company to the extent that it is difficult to pay the principal and interest, etc. of 2.5% or more of the month.

Therefore, since 2015, the Defendant used the money borrowed from the victim D as the fund for the business of a warehouse pawning project, the Defendant did not have any intention or ability to repay the principal with interest at a high rate as well as the interest on the principal and interest of the Defendant’s existing debt, etc., even if the Defendant borrowed money from the victim D, even if he borrowed money from the victim D, he did not have any intention or ability to repay the principal with interest.

Nevertheless, the Defendant, as seen above, was informed of the victim D and received KRW 16,40,00 from the victim D on or around February 2, 2015.

In addition, the Defendant, from February 2, 2015 to July 13, 2017, deceiving the victims as shown in the list 1, 2, and 3 attached crimes, respectively, as well as the Defendant, from around February 2, 2015 to around July 13, 2017, and the victim’s sum of KRW 898,067,00 in total borrowed money from the victim D, and KRW 882,20,000 in total from the victim F.

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