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(영문) 인천지방법원 2017.04.27 2016고합859
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 3, 2014, the Defendant: “The Defendant: (a) introduced a bond company (a) with a large number of high interest rate loan; (b) provided a loan to a debtor; and (c) increased credit rating; and (d) received a larger amount of money than the existing loan at a bank, etc.; and (b) paid money and brokerage fees (10% of the amount of full payment) paid by the bond company on behalf of the bond company (10% of the amount of full payment) on behalf of the bond company.”

B, however, it is receiving interest by investing in the person.

D. The principal will be paid as interest every month by investing in the exchange project in D. B. The principal will be refunded within 15 days if D.B. request to return the principal.

All the amounts deposited shall not be absolute investment in other businesses, but shall be used only as a transit business fund. From May 16, 2014 to July 1, 2014, he/she received KRW 490 million from the victim who believed it to be transferred from May 16, 2014 to the account in the name of G, a transit business entity, and remitted it to the account under the name of G, a transit business entity. However, from July 2014 to the victim who did not pay the interest, G would prevent the return, such as lending money from the victim who did not pay the interest to the defendant under the name of the transit business fund, or the payment of interest to H, a corporation that imported Vietnam monitoring in China, and the Defendant used money for the operation of the corporation I operated by the Defendant at the time.

Nevertheless, on July 29, 2014, the Defendant, without notifying the victims of the fact about the use of the borrowed money, did not request the victims to transfer the money by pretending that they will use the borrowed money as the full amount of the refund business fund.

However, the facts are as above even if the defendant borrows money from the injured party for the purpose of exchange business.

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