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(영문) 서울북부지방법원 2017.08.25 2016고단5751
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From around 2012 to the victim B, the Defendant came to know of the club in the camping zone, and the victim was determined as 13 years of intellectual ability.

1. On February 11, 2015, around February 11, 2015, the Defendant concluded that “Around February 11, 2015, the Defendant would lend 50 million won to the victim’s house located in Gwangjin-gu Seoul Special Metropolitan City, and complete payment until July 2015, 2015.”

In fact, the Defendant was liable to pay the amount equivalent to KRW 30 million at the time, paid additional interest on bonds other than the Defendant, was a bad credit holder, and did not have any intent or ability to pay the amount even if he borrowed money from the victim due to no fixed income.

The defendant deceivings the victim as above and issued a physical card and password connected to the account of the National Bank in the name of the victim on the same day, and then inputs the password from the cash payment machine on the same day, and withdraws 5 million won in cash and 1 million won in cash over two times, and defrauds 6 million won in total.

2. The Defendant’s loan fraud by the lending company is whether at the Defendant’s house located in Jung-gu Seoul Metropolitan Government, Jung-gu around February 17, 2015, the Defendant informed the Defendant of the fact that the Defendant lent money to the house, and the Defendant does not know that it was within the ground;

In four names, a false statement was made that “A full payment shall be made with the money borrowed before the loan was made.”

In fact, the defendant did not have the intention or ability to repay the above loan even though he/she received the loan under the name of the victim as stated in paragraph 1.

As above, the Defendant: (a) by deceiving the victim; (b) prepared a loan contract in the name of the victim; and (c) submitted it to the Samho Savings Bank; and (d) received a loan amount of KRW 3 million from the Saemaul Treasury Account (E) opened by the victim for the Defendant.

In addition, the Defendant, from the above day to December 3, 2015, deceiving the victim as stated in the list of offenses, and making up for total 13 times as loans from the victim.

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