logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.01.07 2015고합175
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

All applications for compensation order shall be dismissed by applicants.

Reasons

Punishment of the crime

1. On November 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is entitled to receive a low-interest loan from the financial rights or the small and medium enterprise support agency, etc. with the following false results: (a) L, which is making a transaction with K (state) in the operation of the victim F, which is located in the Sung-si J of Sung-gu, Sungwon-gu, Sungwon-si, Sungwon-si; and (b) L, which is making a transaction with K (state) in exchange for the false sales tax invoice without real transactions with K (state).

L(State) receives investments from investors and settle false transaction prices, etc. with them and pays profits to investors. The party head does not see profits because there is no actual sales from the company. However, the party head is able to receive a large amount of loans at a low interest rate later.

If the investment is made in L (State), the interest and the principal shall be returned by making 10% of the investment funds as the profits for two weeks.

“ .......”

However, in fact, even if the Defendant received an investment from the injured party, there was no plan to make an investment in L, and only one name, which is paid as a profit from the subsequent investors with the investment funds received from the latter investors, is a fraud method by which the Defendant gathers high-profit investors without any actual capital, and later, receives the principal of the invested person and pays the profits, etc. of the preceding person.

As “The plan was planned to repay the principal and interest by the method, there was no intention or ability to repay the money as well as to redeem it, even if it was paid the money from the injured party as investment money.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received a total of KRW 1 billion from December 2, 2014 to April 28, 2015, including transfer of KRW 1 billion from around December 2, 2014 to around April 28, 2015.

arrow