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(영문) 수원지방법원평택지원 2020.10.20 2020고단1615

사기

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are in a personal relationship, and Defendant B was in a personal relationship between victim C and the workplace.

Defendant

A on July 2015, Defendant B asked Defendant B, who operated an employee bank as a partnership business, using a high interest loan. The Defendants asked Defendant B to “the introduction of a person who borrowed money at a low interest level.” The Defendants gather to use one half of the money from the victim.

Defendant

B A around July 7, 2015, at the victim’s house located in Sungwon-si D building E, Changwon-si, stating that “A entered into a contract to operate a singing room at a private village A, and the balance will be repaid within two months if he/she lends his/her own money,” and around that time, Defendant A made a false statement to the victim by telephone that “A would have lent his/her money to another person, and receive the money.”

However, in fact, Defendant A was not the omission of Defendant B’s private village, and the Defendants were to use the borrowed money in installments from the victim. At the time, Defendant B was at least 2.5 million won per month, while Defendant B was using at least 2.0 million won per month to repay debts. Defendant A was at least 8 million won per month for fixed payments, including the repayment of debts in bad credit, while Defendant A was at least 8 million won per month for musical payments operated by the same business, Defendant A did not have any intention or ability to pay money to the victim.

On July 8, 2015, Defendants received KRW 30 million from the victim to the F Bank Account (Serial number: G) in the name of Defendant B.

As a result, the Defendants conspired to deceive the victim, thereby deceiving 30 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (H data reply) on the police statement of C with respect to C - Credit Inquiry Data, Investigation Report (Attachment of Details of Transactions of TF Account) (Attachment of Documents of Witnesses BF Account), Investigation Report (PH Data Return) and Written Confirmation of Transfer Results;

1. Application of Acts and subordinate statutes to a complaint and a loan certificate.