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(영문) 서울서부지방법원 2019.08.28 2018고단4146
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and B conspired against the victim C to receive a loan under the name of the victim and receive the above loan by compensating for some of the money.

1. On October 19, 2017, the Defendant made a telephone to the victim on and around October 19, 2017, and “on the face of a week by obtaining a loan of KRW 15 million from a bank in the name of four, us will find out within three months. He/she will be free from lending only the name. It would be free from lending KRW 3 million, and B borrowed KRW 8 million to the victim.

“The” has drawn up a certificate of borrowing.

However, in fact, the defendant and B received some loans from the victim and planned to use the remaining loans individually, and they did not have an intention or ability to repay loans in lieu of loans under the name of the victim.

The Defendant and B had the victim borrow a total of KRW 10 million in each amount of KRW 5 million in the D Bank and E Bank. The Defendant and B had the victim borrow a total of KRW 10 million in cash in each amount of KRW 5 million in the D Bank and E Bank, and B received KRW 600,000,000 in each amount of KRW 4 million in cash in each amount of KRW 20,000 in each amount of KRW 20,000 in each year.

Accordingly, the defendant and B were provided property by deceiving the victim in collusion.

2. Around October 23, 2017, the Defendant made a phone call to the above victim and made a false statement that “the remaining five million won that was not loans from the bank will be made by making a mobile phone loan.” However, the Defendant and B prepared cash through a mobile phone in the name of the victim and planned to use it personally, but did not have any intent or ability to pay the price of the mobile phone or charges.”

The defendant and B shall have the victim visit the cell phone store near the same day, and shall have the victim visit the cell phone store near the same day, and shall have the f smartphone terminal with the market value of 1,094,50 won in the name of the victim and the market value.

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