(영문) 인천지방법원 2019.09.19 2018고합663

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(영문) 인천지방법원 2019.09.19 2018고합663

특정경제범죄가중처벌등에관한법률위반(사기)등

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1. The defendant shall be punished by imprisonment for seven years;

2. All applications for compensation order filed by applicants shall be dismissed;

3. This.

Reasons

Punishment of the crime

From around 2005, the Defendant borrowed money from 2.5% to 8.5% of the principal every month on condition of the payment of high interest equivalent to the monthly interest from 2005 to 8.5%. From 2013 to 880 million won, the cumulative amount of the borrowed money from 2013 to 880 million won, while the amount to be received by the Defendant is merely about 80 million won, the Defendant borrowed money from the victims to 80 million won, and even if he borrowed money from the victims, it led to the situation where it was difficult to pay not only the principal but also the high-amount interest, but also the Defendant received money from the victims.

"2018 Gohap663"

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded on February 27, 2013 that the Defendant phoneed the victim K at the Defendant’s house located in the Nam-gu Incheon Metropolitan CityJ to pay interest of KRW 3.5% per month if it loans KRW 10 million to the victim K, and that the principal would be repaid at any time if it talks only before one month.

However, for the above reasons, the Defendant did not have the intent or ability to repay the principal, even if he borrowed the principal from the victim.

As above, the Defendant was indicted by deceiving the victim and receiving KRW 10 million from the victim to the L Bank Account under the name of the Defendant, and the deception No. 18-20 from February 27, 2013 to May 10, 2018 of the Criminal Day List No. 18-20 from February 27, 2013 to May 10, 2018 that “it is necessary to make a plenary session, and it is necessary to pay a balance. If the money is borrowed, it is necessary to pay a balance for two months.” However, even if the method of deception was revised to “to pay a balance after the date of lending the money,” it does not interfere with the Defendant’s right to defense, and thus, it is decided

(See, see, e.g., Document No. 1912 of Evidence No. 2018.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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