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(영문) 대구지방법원 서부지원 2018.01.18 2017고합11
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On June 2006, the Defendant, as a successor to the military, committed a business of real estate with a victim C, who was a relative with the Defendant, as if he had earned a lot of profits while running the real estate business, and was willing to invest in the bond business in which it is unclear whether or not to lend money from the damaged person.

On July 8, 2006, the Defendant prepared a loan certificate with the Defendant’s investment in the “E” office used by the Defendant in the Daegu Suwon-gu Office for operating the bond business, prepared a collateral by setting up a collateral on the said land, borrowed 40 million won from the injured party by providing a collateral, and borrowed 40 million won from the injured party on the 12th of the same month, and paid the interest on the 3th of the same year.

8.2. The principal amount of KRW 40 million was returned to the victim so that the victim believed the Defendant.

On August 2, 2006, the Defendant, at the above “E” office around August 2, 2006, would have been able to say that the Defendant would have lent money to the Defendant.

The same purport of the right to collateral security was false to the effect that if a person lends money with a belief that he/she would be able to repay, and then lends money 40 million won to him/her, he/she will give 2% interest on real estate development business and make a repayment of the principal at a time if he/she later pays interest.”

However, in fact, the Defendant was in bad credit standing at the time, and was engaged in bond business rather than in real estate development business, and was engaged in bond business with money borrowed from other people without his own capital, and was under pressure to collect the borrowed money. Since there was no special property or income, there was no intention or ability to repay the borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim at the time of the above day and is delivered 40 million won to the H bank account in the name of G, other than the indictment, under the name of the victim.

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