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(영문) 춘천지방법원 영월지원 2014.11.28 2013고단626
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on the Registration of Credit Business, etc. and the Protection of Financial Users is a credit service provider that engages in credit business in the name of “C” in Gangnam-gun B.

On November 6, 2012, the Defendant: (a) provided credit cards with D as collateral; and (b) loaned KRW 4 million to D; (c) deducted KRW 400,000,000,000 of the principal interest, which is 10% of the interest; and (d) agreed to receive 10% of the principal interest of the loan every ten days thereafter.

Accordingly, the Defendant, as a credit service provider, received an interest rate of 405.5% per annum exceeding 39% per annum.

2. Around November 2012, the Defendant introduced F that he want to borrow money to the victim E, and the victim lent 2.7 million won to F. The Defendant, upon receiving a request for a loan from G, and then delivered KRW 2.7 million out of the said money to G upon receiving a request for a loan from the said F. Around that time, the Defendant offered the said money to G with the consent of the victim. After receiving a request for a loan from the said G, the Defendant then received a return of the amount equivalent to KRW 3 million from the said G from the Gangwon-gun, Gangwon-gun, Seowon-gun, Seowon-gun, the Defendant used the casino games while using the said money for the victim.

Accordingly, the defendant embezzled 2.7 million won owned by the victim.

3. Fraud;

A. The victim E was a person who operates C in Gangwon-gun Group B, and the victim E, “on the face of investment in loan funds, he/she borrowed money to the customer with a collateral, and then divided profits.”

On November 16, 2012, the Defendant sent a false statement to the victim, stating that “The Defendant sent funds to the Defendant because he/she had a credit card from H as a collateral,” by posting a phone to the victim.

However, there was no fact that the defendant received a credit card from H as collateral, and the amount received from the victim was intended to use it for casino games in Gangwonland.

The defendant deceivings the victim and is under his control.

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