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(영문) 부산지방법원 2017.11.24 2017고합78
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

As the Defendant came to know of the form of an illegal loan business that lends money by taking advantage of a vehicle as security in the vicinity of Gangseoland without registering the loan business, “2017 Gohap 78” has been running the aforementioned illegal loan business since the end of 2013.

1. On May 16, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E, in a four-day shop operated by the victim E, the victim E, who was in Gyeyang Namsan city, for the victim, would pay 8% of the amount invested every 15 days if the Defendant invested in the business of lending money to the person who borrowed the vehicle to the party who borrowed the vehicle to the Gangseo Gan City Casino.

“The phrase “ was false.”

However, at the time of fact, the above illegal loan business, which the defendant had already been operated, aggravated management status due to accumulation of enemys, and the defendant was operating a business so-called prevention of return, such as paying the money borrowed from investors to other investors, and the defendant was willing to use the investment money received from the injured party as a profit to be paid to other investors or as a shortage of living expenses, etc. Therefore, even if receiving the investment money from the injured party, there was no intention or ability to use it as a normal loan business to generate profits.

As above, the Defendant, as well as the receipt of KRW 9 million from the victim’s deception to the Nong Bank account under the name of the Defendant on the same day from the victim, was remitted KRW 860,341,00 in total from that time to August 6, 2015, as shown in attached Table 1 of the List of Offenses Act, as well as from that time to August 6, 2015.

2. On September 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Victim G, the Defendant, who was the husband of the Defendant 1, 121 Dongdong-gu, Busan, and 404 of H apartment.

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