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(영문) 서울남부지방법원 2019.07.10 2019고단1668
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal Power] On August 2, 2018, the Defendant was sentenced to a suspended sentence of three years on the 10th of the same month at the Seoul Southern District Court for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, and the judgment became final and conclusive on the 10th of the same month.

【Criminal Facts】

1. On December 20, 2017, the Defendant stated that “In the CPC bank located in Gangseo-gu Seoul Metropolitan Government, the Defendant: “APC bank owned by the CPC bank and sought a loan by requiring money to open a new PC bank, but is a person with bad credit standing, and instead, instead, obtained a loan, the Defendant will restore the name of the lender within the name of the lender and transfer the loan to the name of the lender and pay interest in lieu of the loan.”

However, in fact, the defendant is only an employee of CPC bank at the time, and there was no possibility of recovering from credit at a rapid time without possessing CPC bank, and there was no specific property or income, and there was no intention or ability to change the name of the loan or to repay the loan received in the name of the victim.

Nevertheless, on December 27, 2017, the Defendant, by deceiving the victim as such, received KRW 9,000,000 from the victim under the name of the victim as a loan, from the victim, under the name of the victim, and was transferred to the national bank account (Account Number: E) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 2, 2018, the Defendant demanded the victim to change the name of the lender for the amount borrowed from the victim as referred to in paragraph (1) at the above CPC bank at the end of the end of February, 2018, saying, “If the Defendant borrowed KRW 13,00,000 as operating expenses are required and borrowed from the existing PC bank and the newly established PC bank, the Defendant shall immediately borrow KRW 9,00,000,000, and he shall repay the remainder three months thereafter.”

However, in fact, since there was no PC bank owned by the defendant at the time and there was no specific property or income, the money borrowed in the name of the victim shall be repaid.

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