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(영문) 의정부지방법원 2016.10.12 2015고합44
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The defendant is a person who sells cosmetics in Gangnam-gu Seoul Metropolitan Government with the trade name "F" (hereinafter referred to as "I"), and around July 2012, the defendant shows a business plan prepared as if he/she was affiliated with the victim S at his/her office with various genetic companies, such as ALN Entertainment, etc., and I shows a business plan prepared as if he/she was affiliated with the victim S at his/her office.

When there is funds, it is intended to raise money by raising money.

When cosmetics are 30 to 40%, and 100 million won are loaned, 5% per month and 5 million won interest will be paid.

The office rental deposit is KRW 130 million.

It will offer a lease contract as security.

The interest of 10 million won on August 14, 2013 plus the interest of 110 million won shall be paid in full.

“The amount of KRW 100,000,000 was remitted as borrowed money, as shown in No. 1 of the List of Crimes in [Attachment].

However, the monthly sales amount of KRW 20,000,000, and the deduction of rent of KRW 7,000,000 for cosmetics production costs and personnel expenses, etc. was rarely low, and the sales amount was also reduced. The lessor was requested to terminate the contract due to the failure to pay rent, and the office deposit was borrowed from other persons, and thus there was no intention to transfer the refund claim to the victim.

In addition, the Defendant, regardless of the purpose of lending money to the victim, was able to consume the money for personal debt or short-term investment, and the victim did not have any intention or ability to repay the interest and principal, unless he/she has repaid the money with the money borrowed from another person or borrowed the money from the victim, as he/she received profits from the business, or has borrowed the money from the victim.

The Defendant borrowed KRW 100,000,000 from the victim as above and continues to do so from the victim.

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