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(영문) 서울중앙지방법원 2017.11.02 2017고합930
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Reasons

Punishment of the crime

1. The Defendant’s fraud against the Victim AW is the representative director of R Co., Ltd., and around the end of February 2016, the account deposit amounting to KRW 600 million is required for the victim to engage in “FX M& (foreign currency futures trading)” at the Plaintiff’s office located in Seocho-gu Seoul Metropolitan Government F 1102.

It is expected that 12% of the monthly amount of money borrowed from a deposit will be interest rateed.

“The purpose was to make a false statement.”

However, in fact, the Defendant did not have any particular property or income at the time, and it was thought that the Defendant would use the money from the damaged party for the purpose of repayment of the existing obligation, not for the account deposit for the FX EM transaction, but for the purpose of repayment of the existing obligation. Therefore, even if he borrowed money from the damaged person, there was no intention or ability to pay the interest as agreed upon.

Nevertheless, the Defendant, as seen above, was issued KRW 20 million on March 2, 2016 to the national bank account in the name of R Co., Ltd. on or around March 2, 2016; KRW 20 million on or around March 28, 2016; and KRW 240 million on or around April 7, 2016, including KRW 200 million on the same account.

2. On June 15, 2016, the Defendant violated the Act on the AX Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the victim AX Co., Ltd. (hereinafter “victim”) established and operated a corporation in the office of the victim AX Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Gangnam-gu Seoul Metropolitan Government AY and 1210, a joint representative of the victimized Co., Ltd. (hereinafter “victim”), and a corporation that operates a cosmetic distributor in Korea and engages in a fX M& M in red be.

When lending money, 2% of the monthly amount of money borrowed from the investment in the cosmetics business and the overseas trade business of Hong bean corporation shall be 8% per month under the name of interest, and 10% per month under the name of commission.

“Falsely false.”

However, in fact, the defendant did not have any particular property or income at the time, and its liabilities exceeded KRW 80 million, and the seller of cosmetics operated by the defendant did not pay profits.

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