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(영문) 수원지방법원 2013.11.27 2012고합229
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for the first and second crimes, and for the second crimes, the second, third and third crimes in the judgment.

Reasons

Punishment of the crime

[Criminal Justice] On December 29, 2009, Defendant A was sentenced to a suspended sentence of two years on January 6, 2010 at the Gangnam Branch of the Chuncheon District Court, which was sentenced to a suspended sentence of one year and six months for fraud.

【Criminal Facts】

1. From around 2005, Defendant A operated a loan brokerage company with the trade name “K of a stock company” in Suwon-si, Suwon-si from around 2005.

The defendant received funds from the creditors and lent money as security by establishing a collateral in the name of the obligees in the real estate of the obligees, and operated a business in the manner of receiving a high rate interest from the debtors and delivering it to the obligees.

On the other hand, the Defendant also lent money to the obligor introduced from LA’s LA’s “M”, and operated a business in such a way as to receive interest or principal from the obligor and deliver it to the obligees and receive fees from “M”.

In September 2005, the Defendant agreed to arrange a loan between the victim F and the debtor N on the real estate of the debtor N, introduced from the above "M," and to provide the victim F with a certain amount of fees on behalf of the victim F, subject to the payment of a certain amount of fees.

Accordingly, on September 30, 2005, the Defendant registered the establishment of a neighboring mortgage with the debtor N, F, the maximum debt amount of KRW 45 million on the "OO building and land owned by the debtor N," and extended loans to N around October 4, 2005 by obtaining KRW 20,925 million from the victim.

After that, around April 25, 2006, N issued 30,000 won cashier's checks, P, the number of 30,000 won P, for repayment of the above obligation, was issued to the above "M", and the registration of establishment of the relocation of the above real estate was cancelled on the same day, and the above "M" was above.

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