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(영문) 서울남부지방법원 2019.07.10 2018고단1375

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, who was the head of the general affairs team of the B Bank Smart Customer Counseling Division, made a false statement that the victim would have been able to help the need for the loan, while taking charge of the loan business at the sub-office of the B Bank, at around July 2016, while making the victim C and the inside telephone, and then, around July 20, 2016, the Defendant would make the victim get a loan of KRW 700 million from the B Bank to the victim at the E coffee store located in the Yeongdeungpo-gu Seoul Metropolitan Government D Building. The Defendant made a false statement that “The amount of KRW 30,000,000,000,000,000,000,000,000 won

However, the defendant did not have the ability to lend KRW 700 million to the victim, and even if he received money from the victim, he had the intent to use it for personal purposes, such as repayment of the loan, and there was no intention or ability to receive the loan from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on July 20, 2016, and obtained KRW 10 million from the victim on or around July 27, 2016 to the deposit account in the name of the Defendant in the name of the F Bank under the name of the F Bank.

In the written indictment, it is stated that the victim remitted 10,000 won to the victim on July 20, 2016 and 27,000 won to the victim on July 27, 2016.

However, according to the certificate of confirmation of transactions, deposit transaction details, etc., the victim can be found to have remitted KRW 20 million around July 20, 2016 and KRW 10 million around July 27, 2016. As such, the correction is made as above, and even if the correction is made as above, it is deemed that there is no substantial disadvantage to the defendant's exercise of his/her right to defense

Summary of Evidence

1. Partial statement of the defendant (as of the fourth trial date);

1. C’s legal statement;

1. Details of the transaction, the certificate and the G dialogue;

1. Details of deposit transactions, credit information accused and defense counsel shall be an individual from a victim;