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(영문) 대전지방법원 2017.11.28 2016고단4646

사기

Text

Defendant

A Imprisonment with prison labor for one year, and for one year and three months, respectively.

Reasons

Punishment of the crime

Defendant

On May 18, 2017, A was sentenced to two years of suspended sentence for a year of imprisonment with prison labor in Suwon District Court for a false accusation, etc., and the judgment became final and conclusive on May 26, 2017.

1. The Defendants’ joint crime committed around April 21, 2016, at the residence of Defendant A, located in the Nam-gu Incheon Metropolitan City apartment C apartment building A 201, Defendant A, the victim D (hereinafter referred to as “F”) and the victim A, “When there is any dispute over the amount of KRW 40 million to E (the title of F) with the loan of KRW 21,000,000,000 with the loan of KRW 40,000,000.” Defendant B, the term “a person who will obtain the loan to the maximum extent possible,” and Defendant B, the term “a person who will obtain the loan to the maximum extent possible,” and notified the borrower of the content of responding to the questions of the employees of the lending company.

However, in fact, Defendant A’s obligation to Defendant AF is not more than two million won, and the Defendants did not have any intent or ability to repay the obligation even if they borrowed money from the damaged party due to the absence of a certain import.

Nevertheless, the Defendants conspired to induce the victim, and caused the victim to borrow KRW 80 million from 7 places of the lending company, such as mountain and loan, around April 22, 2016, and then acquired the amount of KRW 76 million from the victim until April 25, 2016.

2. Defendant B

A. On May 2016, 2016, the Defendant is working as a broker at a company investing shares, to the victim G (V, 20 years of age) (V, 20 years of age) who became aware of the fact-finding in a place lower than or lower than the Seocho-si (SO).

(1) The corporation may pay money in return for the investment of its shares.

A false statement was made to the effect that the Plaintiff would pay the principal and interest directly to the company that received the loan by paying the loan to the maximum extent possible.

However, the defendant does not know that he is not in the company related to stock investment, and even if he receives money from the injured party, he/she has the intention or ability to pay the principal and interest.