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(영문) 인천지방법원 부천지원 2015.02.06 2014고합102
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Reasons

Punishment of the crime

Since 2005, the Defendant received interest equivalent to 10% of the monthly investment amount from 2010 to D (hereinafter “2014 High-Risk 102”) from a single-name credit service provider, by investing bonds, credit card payment funds, and by receiving investment funds from his family members and the surrounding persons, and delivered them to investors with interest and repayment, and paid 20% of the interest to investors as fees, and received 20% of the interest from the above credit service provider around July 201, the Defendant used 201 to use the investment funds newly received by the Defendant to pay the interest and principal of the existing investment funds.

On August 8, 2011, the Defendant made a false statement to the victim E, “If he makes an investment to D as he had done, he would pay 5 million won interest per month on the first unit of 1 unit of 8% per month, and would have the principal repaid only if he speaks before a day.”

However, at the same time, there was a situation in which the interest and principal of the existing investment funds were not paid by the above non-performing credit service providers, and the principal and interest of the pre-investment funds were paid with new investment funds.

In the end, it was impossible to pay both interest and principal according to the agreement because the total amount of the investment principal that enters more than the paid interest is increased.

As above, the Defendant, by deceiving the victim, received KRW 15 million from the foreign exchange bank account (F) in the name of the Defendant on August 18, 201, under the pretext of investment in the non-performing loan service providers, as well as deposited KRW 4,874,672,00 from around that time to March 1, 2013, as stated in attached Tables 1 and 2 “the details of deposits and withdrawals of passbooks”.

The Defendant, from 2005 to 2005, invested bonds and card payment funds in favor of one-person D and received interest equivalent to 10% of the monthly investment funds from the Defendant, and also his family members.

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