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(영문) 광주지방법원 2017.11.16 2017노849

사기

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) By deceiving F to transfer KRW 300,000 to the Agricultural Cooperative Account under the name of the Defendant (Account Number G, hereinafter “instant account”) by deceiving F, and by deceiving the said passbook (hereinafter “instant passbook”). However, the Defendant did not conspired to commit a fraud against F with the name in the name in the name in the name in the name in the middle, so the Defendant does not constitute a joint principal offender in the crime of fraud against F.

2) The sentence of the lower court (two years of suspended sentence in October, and eight hours of community service) is too unreasonable.

B. Prosecutor 1) The person who is not the name of the deceased is deceiving seven persons, such as E, etc. of the annexed crime list, by inducing them to remit the sum of KRW 1,520,000 to the instant account. The Defendant also conspireded to commit fraud against seven persons, such as E, between the person who is not the name, and thus the Defendant is also a joint principal offender for the crime of fraud against seven persons, such as E

2) The sentence of the lower court is too unhued and unreasonable.

2. Part on crime against F

A. Whether a joint principal offender in fraud against F is established or not. The summary of this part of the facts charged is that the Defendant sent a copy of the passbook (Account Number G) in the name of the Defendant to a person whose name is unknown at a place where it is unknown on December 2014, 2014, and let another person whose name is unknown use the agricultural bank account in the name of the Defendant. A person whose name is unknown is a phone call from F (hereinafter referred to as “F, 40 years of age”) at a place where it is impossible to identify the location on December 19, 2014, thereby making it possible for the Defendant to provide the victim with a loan up to KRW 10 million.

The approval of a loan should be paid three million won with the guarantee fee and the computer cost to provide a guarantee from credit information conducted by SHm.

“A false representation was made.”

However, a person whose name is not known can borrow a loan to the victim even if he/she receives a letter of guarantee from the injured party.