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(영문) 대전지방법원 2018.12.06 2018고단2733

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, AE, and AF have victims get loans exceeding the loans they want due to heavy or fraudulent acts, etc., and then planned to acquire money by means of receiving most of the loans from the victims, by deceiving them as they would have repaid their excess loans.

1. On February 27, 2017, the Defendant and AE, and AF approach the victim AG as if they arrange for loans around February 24, 2017, and the victim wishes to borrow KRW 20 million.

In order to obtain a loan of KRW 20 million, AE shall obtain a loan of KRW 20 million once, 200,000,000 from us, and the remainder shall be returned three months after us is kept.

“Falsely speaking,” and the Defendant: “In contact with AE, I would like to see whether to give interest,” and “IF would be able to carry the Defendant, AE, and the victim on board and proceed with the smooth loan procedure.”

However, in fact, the defendant, AE, and AF have obtained a loan from the victim in the name of the victim, and the remaining amount was considered to have been divided by them, and there was no intention or ability to repay the above amount.

Ultimately, in collusion with AE and AF, the Defendant, by deceiving the victim as above, had the victim borrow KRW 9 million from AB bank on February 27, 2017, and KRW 18.9 million from AH bank, and acquired KRW 16.9 million from the victim.

2. On March 22, 2017, the defrauded Defendant and AE, and AF had the intent to acquire money from another victim by the aforesaid means, and had the victim accessed the victim’s AI as if he/she had the victim mediated the loan, and the victim need not make a loan.

Despite “Absing to get a loan by driving away the victim at all times,” it is necessary to do so.