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(영문) 서울남부지방법원 2015.01.20 2014고단4593

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On March 8, 2013, the Defendants decided to borrow funds for a repayment loan to the victim C introduced by Defendant A through an unregistered bond company. After Defendant B called the victim at an unsound place on March 8, 2013, Defendant B made a false statement to the effect that “If the Defendant borrowed KRW 15 million to the victim, the Defendants would have the Defendant repaid the loan to him in good credit condition, and then would have the loan borrowed at low interest rate by adding 10% to the money loaned by the new loan at low interest rate.”

However, the Defendants did not have any intent or ability to pay the amount calculated by adding 10% to the borrowed money even if they borrowed money from the victim to the Defendant’s account and used it for any other purpose than immediately repaying the previous loan from the Defendant’s account to the Defendant’s account. After receiving a new loan, the Defendants also used both personal debt and lending it to the Defendant’s account and then borrowed money from the victim for the purpose of returning it to the Defendant’s personal debt or lending it to the neighboring party.

Nevertheless, around March 11, 2013, the Defendants received KRW 115 million from the victim to the Defendant B’s account.

As a result, the Defendants conspired to attract the victim to receive money from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Application of loan certificates, specifications of savings deposit transactions, and applicable Acts and subordinate statutes of transactions;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B: The reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to have been agreed with the victim, and Defendant A appears to have led to the instant crime.