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(영문) 인천지방법원 2016.04.01 2015고정3687
사기미수등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users shall register the relevant place of business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor or Special Self-Governing Province branch office

Nevertheless, the Defendant, without registering with the competent authority on December 12, 2008, lent KRW 100 million to E at a certified judicial scrivener office located in Nam-gu Incheon Metropolitan City, and from that time until September 21, 201, operated a loan business without registration by lending to the applicant for a loan for a total of 15 times, such as the list of crimes in attached Form 1, from September 21, 201.

2. On February 23, 2010 and around February 24, 2010, the Defendant attempted to commit fraud: (a) leased KRW 100 million to the Victim G through F; (b) completed the registration of the establishment of a collateral security right with respect to the said K out of the 210 square meters of the Plaintiff’s share in the 210 square meters of the Incheon Spojin-gun, Incheon, Incheon, which was the victim’s name as a collateral; (c) the victim’s share in the 432 square meters of the Icean 432 square meters; and (d) the victim’s share in the Jcean 135 square meters of the Jcean 135 square meters (hereinafter “the instant real property”). On March 3, 2010, the Defendant completed the registration of the establishment of a collateral security right with respect to the said K’s share in the 652 square meters of the Incheon, Jjin-gun, which was the victim’s father.

The Defendant, through F, received KRW 100 million from the injured party on September 3, 2010 and around November 6, 2010, and the F terminated the establishment of the right to collateral security on the instant real estate on November 16, 2010. The Defendant became aware of the fact that F arbitrarily used the said KRW 100 million around September 2012.

Accordingly, the Defendant, by abusing the fact that the above collateral security right established in K’s shares was not terminated, had the intent to file a lawsuit claiming payment of KRW 100 million against the victim. On March 2, 2015, at the Incheon District Court’s public service center located in the Nam-gu Incheon Metropolitan City University School-based, Incheon, the Defendant filed a lawsuit against the victim.

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