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(영문) 광주지방법원 순천지원 2014.09.18 2014고합130
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for six months.

Reasons

Criminal facts

Defendant

B On February 12, 2009, the Gwangju District Court was sentenced to two years of imprisonment for fraud, etc., and completed the execution of the sentence on November 29, 2010.

"2014 Gohap130"

1. Defendant A’s sole criminal defendant had no intent or ability to repay the borrowed money or to return the invested money, even if he/she borrowed money or received money from another person in the form of investment, since his/her personal debt exceeds KRW 300 million in around 2013, and he/she has repaid his/her debt in the form of “componing” with no property at all.

On May 20, 2013, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim G (the age of 35), made a false statement that “I” card size agency operated by the victim at Y at the net city of Ha, known the place where the victim purchased the money at a low price. By purchasing the money at a low price, it would be back to the market price during the market, thereby leaving the proceeds from selling the money at the market price during the market.”

However, in fact, the Defendant did not have any business partner who purchased money at a price lower than the market price, and in excess of the above debts, the Defendant was thought to receive money from the victim who received a demand notice for repayment from other creditors and repay other debts with the money.

As such, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim as investment money in its place of business from the victim, and received KRW 1,418,64,010 from the victim as a sum of KRW 1,418,64,010 from October 7, 2013, as shown in [Attachment Table 1-125] to October 7, 2013.

B. On September 27, 2013, the Defendant against the victim J (the age of 40) purchased a loan from the victim’s “I” office on September 27, 2013 when the victim lives the vehicle, and auction is conducted if the borrower fails to repay the loan.

It is known that the inside of the house is a capital-oriented employee.

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