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(영문) 의정부지방법원 2018.02.01 2017고단3927

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2015, while the Defendant was working at a C Loan Brokerage Company around C around 2015, the Defendant agreed to obtain a loan under the name of the victim D and his/her own, and consult about the repayment of the debt to E with the money loaned to E, and to repay part of the debt with the money borrowed through a lending company such as F, etc., and to assist E to succeed to the remaining debt, but, on the other hand, the Defendant could succeed to the victim’s debt to E.

The money was received in return for the expenses, and the money was received to be used as gambling money.

On June 10, 2016, the Defendant calls to the victim D and requires funds to succeed to the loan of high interest rate of 2 financial rights existing to E in the name of E.

On the other hand, the transfer of KRW 10 million will be succeeded to the obligation under the name of E, and the principal will be returned in full.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant thought that he was able to use the money received from the victim for gambling and did not have the intention or ability to succeed the victim's debt to E.

The Defendant received 10 million won from the damaged party to the new bank account (G) account in the name of the Defendant in the name of the Defendant, in the name of the same day as the loan expense.

From that time to January 31, 2017, the Defendant deceivings the victim by the aforementioned means, and received delivery of KRW 146,724,514 in total over 14 times as indicated in the list of offenses in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Details of account transactions in one bank under the name of D, details of electronic bank account transactions, details of new bank account transactions in the name of A, and details of account transactions in the name of the victim;

1. Details of conversation between the defendant and injured parties;

1. Application of Acts and subordinate statutes to certify full payment, certificate of full payment of loans, and full repayment;

1. Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, which comprehensively covers the applicable legal provisions and the choice of punishment for the crime, and Article 347 of the Act’s sentencing guidelines for the sentencing of imprisonment for the reasons