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(영문) 서울동부지방법원 2013.07.03 2011고단2821
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 23, 2010, the Defendant was sentenced by the Seoul High Court on April 23, 2010 to four months of imprisonment, three years of suspended execution, one year and six months of imprisonment, and three years of suspended execution, and the above judgment became final and conclusive on August 23, 2012.

On November 2007, the Defendant operated the (ju) E, a financial intermediary that lends funds from a financial investor to a financial investor, and there was no special property under the name of the Defendant or the Defendant E, and the amount of the money that was not repaid even if it was lent money due to the above circumstances or lent money to the Defendant’s money reaches KRW 7.5 billion.

Notwithstanding such circumstances, the Defendant, while lending money to a third party as collateral, received bills, checks, and bonds provided by the third party as collateral, but already lent money to the financial intermediary in the course of running the financial intermediary business in the same manner as around January 2003, and was unable to receive the money due to the default on bills, checks, etc. provided as collateral, and was unable to repay the money to the victims under the aggravation of the financial situation, and the Defendant, who has been punished for fraud, did not take certain legal measures for recovery of claims such as lending money and receiving physical collateral, was well aware that the loan claim can be a bad non-performing loan.

around November 2007, the Defendant borrowed money from the victim F in light of the financial status of the Defendant or the management status of the said company, such as where the amount of the non-performing loan that was not paid was so increased that the Defendant is unable to cope with, and where the amount of the non-performing loan was so increased that it is difficult for the Defendant to raise the interest or the fund for the operation of the company, even though the Defendant required to pay interest on the amount of KRW 50 million per month and the interest on the financial investor in a considerable amount of money.

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