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(영문) 부산지방법원 2018.02.22 2016고합747
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[Criminal record] On September 1, 2017, the Defendant was sentenced to a suspended sentence of ten months for criminal fraud at the Busan District Court, which became final and conclusive on November 9, 2017.

[2] The Defendant, “2016 High 747, 2016 High 747,” committed a crime, with the intent to borrow money on the condition that the Defendant attracts investments in the lending company or pays high interest on the lending company when the funds of the lending company operated around 2013 are insufficient.

However, in fact, since October 2013, the amount of a bill secured by a company that lent money began to be accumulated, such as default on payment, etc., and the personal debt was operated in such a way as to prevent the return of money to investors when the amount of money was equivalent to KRW 700 million, and the normal operation of the bill was impossible on March 2014.

1. Fraud against victim H;

A. On October 21, 2013, the Defendant made a false statement to the victim H that “Around October 21, 2013, the Defendant would pay KRW 900,000 per month for interest and honorariums under the pretext of operating funds, and the principal will be repaid within one year.”

However, at the time of fact, the defendant had no intention or ability to pay the principal within one year after paying the personal debt to KRW 700 million, and even if he/she borrowed money from the injured party due to the accumulated situation of the enemy on October 2013.

The Defendant deceivings the victim as such, and received from the victim, a transfer of KRW 150 million to one bank account in the name of the Defendant’s wife on the same day.

B. On March 17, 2014, the Defendant extended KRW 200 million to the victim’s “in order to operate a new loan company separate from a loan company currently in operation,” the principal and interest shall be added to the total amount after one year after the loan of KRW 200 million.

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