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(영문) 의정부지방법원 고양지원 2014.12.19 2014고합209
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was sentenced to a suspended sentence of one year, which was sentenced to imprisonment for a crime of fraud, at the District Court of Jung-gu, and the said judgment became final and conclusive on October 25, 2014.

The Defendant has been running a so-called loan brokerage business to reduce interest burden by paying the existing debts owed at a high interest rate from Jeonju to the obligor, raising credit, and allowing the obligor to pay a low interest rate loan with a low interest rate.

1. On April 29, 2013, the Defendant made a false statement to the effect that, at a lending consulting office for the operation of the Defendant at 7th floor of Mapo-gu Seoul Metropolitan building, the Defendant would allow the victims D to make an investment in business funds in the large exchange loan brokerage business operated by the domestic government, and to pay interest on KRW 1.5 per month to the obligor liable for high interest and to guarantee the principal.

However, in fact, the defendant's business of arranging the substitute loan was in a state of deficit because the debtor who received the substitute loan did not repay a total of KRW 400 million loan, and the defendant had an intent to prevent the repayment of the principal even if he received the above money from the victim because he did not use the above money for the substitute loan brokerage business and paid the interest on the investment from the existing pre-existing owners without using it for the substitute loan brokerage business.

The defendant received 100 million won from the victim's bank account (Account Number: E) in the name of one bank on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around May 2, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is operating a business of arranging exchange loans to the victim F at the place specified in the above Paragraph 1, and if the Defendant lends money to the obligor who bears the obligation of high interest rate, it grants a substitute loan to the obligor, and pays interest on the second part of each month.

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