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(영문) 대전지방법원 2013.06.13 2011고단4325 (1)
사기
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

-the applicant for compensation.

Reasons

[2011 Highest 4325]

1. Summary of the facts charged (Defendant A);

A. The Defendant, while engaging in credit business, was punished for committing a crime of receiving interest exceeding the statutory interest rate on May 2008, and was ordered to report the closure of the credit business. At that time, the Defendant was in the state of not being able to recover the amount of debt actively from the debtor who lent money due to the illegal credit business without registration, and thus, the recovery of the claim was not performed properly. The Defendant did not have any intention or ability to repay the money together with the money that he borrowed from the victim E even if there was no property or income.

Nevertheless, at a place where the place is unknown on or around July 23, 2008, the Defendant made a false statement to the victim that “I will repay to the victim until September 30, 2008 by borrowing money to exchange business related to aquatic skiing with the money that was not repaid before the loan was made, and calculated at a high interest rate,” and that this statement belongs to the victim on the same day from the victim, 10 million won on the same day, 24. 10 million won on the same day, 30 million won on the same month, 20 million won on the same day, 30 million won on the same month, and the same year.

8. 8.1 million won, and the same year;

9. On December 12, 199, KRW 10,000,000 and KRW 17,000 on the 17th of the same month were remitted and acquired in total 70,000 won.

B. On January 13, 2009, the Defendant made a false statement to the Defendant’s office located in the Dong-gu Daejeon-gu, Daejeon, stating that “The Defendant will use and return money for 300,000 minutes if he/she lends money to the Defendant.”

However, in fact, when receiving a complaint due to fraud, etc. at the time of criminal investigation and receiving a summons notice from an investigative agency, the victim borrowed money from the victim to use it as an urgent debt repayment for the complainants, etc., and the previous money borrowed from the credit business was not recovered normally, and there was no other income or property, so even if the victim borrows money from the victim.

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