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(영문) 대전지방법원 2016.01.13 2015고단3768

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, together with B, C, and D, received loans in the name of the person who requested loan brokerage advertisement and received the loan in the name of the person who requested loan, C has a role of connecting B with the person who requested loan, B has a role of counseling, D has a role of sending loan documents to banks, etc., and D has a role of withdrawing the loan.

On February 24, 2015, at around 10:30 on February 24, 2015, the Defendant made a false statement with B, C, and D to the effect that “The Defendant would lend documents necessary for the passbook, physical card, security card, password, and loan three million won to the victim G who requested the loan at the F hotel 307 room located in Guro-gu Seoul Metropolitan Government, Guro-gu.” However, the Defendant did not have the intent or ability to deliver the loan to the victim because the Defendant, etc. was able to withdraw the money after receiving the loan under the name of the victim and obtain it by fraud.

The Defendant, in collusion with B, C, and D, by deceiving the victim as above, and taking over the above documents, etc. necessary for lending from 15:20 to 18:36 of the same day, received the total amount of KRW 27,98,500 from 15:20 to 18:36 of the same day by means of telephone loan, such as telephone loan, to the bank account under the name of the damaged person, as shown in the separate crime list, and then transferred KRW 6 million among them to the new bank account under the name of the Defendant at around 17:50 of the same day, and then acquired the total amount of KRW 12 million from around 21:37 of the same day, and acquired the remainder of KRW 15,998,500,000,000, and attempted to withdraw the remainder of KRW 15,990 without withdrawing the victim’s application for suspension of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Statement made by the police in relation to G;

1. An investigation report (to attach details of account transactions in the name of a victim);

1. A detailed statement of the account for electronic finance;

1. Application of each statute on loan documents;

1. The relevant Article of the Criminal Act concerning the crime;

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