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(영문) 의정부지방법원 2016.06.16 2016고단1431
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 6, 2015, the Defendant extended a loan of KRW 50 million at a new bank to the victim C in Seoul, Gangnam-gu, Seoul around 1014.

A loan of KRW 50 million per month is different. It will be paid with the interest of KRW 30 million per month.

It is intended to repay a loan to a new bank with the repayment of the loan at the Sti Bank.

“A false representation was made.”

However, at the time, the Defendant was liable for the debt of approximately KRW 90 million to the lender or lender, and it was impossible to obtain a loan of KRW 50 million from the bank because there was no particular property or income, and it was thought that the Defendant borrowed money from the victim and used it as a cost of living, and there was no intention or ability to pay the borrowed money to the victim within the month.

In the end, the Defendant received 50 million won from the injured party as the borrowed money on the same day and acquired it by fraud.

2. On July 12, 2015, the Defendant: (a) around July 12, 2015, at the home of the said victim located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, the said victim’s “E” is required to purchase approximately 25 million won in the light market.

The interest of 25 million won shall be given on the face of the loan, 20 million won per month, and the amount of 100 million won invested in the son shall be refunded at a time by receiving the return of 100 million won from the son.

“A false representation was made.”

However, in fact, the Defendant was thought to have repaid the bonds with the money borrowed from the damaged party and used them as the cost of living, and at the time he was liable for approximately KRW 90 million to the son or the lending company, and there was no investment of KRW 100 million to the son, nor there was no particular property or income, and there was no intention or ability to repay the money borrowed to the victim.

Ultimately, on July 13, 2015, the Defendant received KRW 5 million from the injured party to the Cit Bank account (F) with the Defendant’s name on July 13, 2015, and KRW 20 million to the same account on July 14, 2015, and received KRW 25 million in total under the name of the borrowed money and acquired it by defrauded.

3. The Defendant is Yongsan-gu Seoul Metropolitan Government D around July 27, 2015.

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