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(영문) 수원지방법원 2018.06.21 2017고단8134
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On October 31, 2014, the Defendant loaned KRW 60 million from a financial company, such as LABS loan, as a joint and several surety of the victim D, but did not pay interest on the loan, while the Defendant was jointly and severally and severally and severally and severally suretyd with the Defendant on October 31, 2015.

It has been urged that the above loans be repaid from the injured party.

On March 2015, the Defendant called the victim on the phone and paid the victim KRW 17 million to B with loans of KRW 100 million in four names, and KRW 23 million to B with the payment of interest on the loan as interest on the loan, the Defendant would immediately receive other loans and repay all KRW 130 million within 10 million within 1-2 months with other loans.

“The phrase “ was false.”

However, the Defendant had other loans worth KRW 30 million in addition to the above loans of KRW 60 million guaranteed by the complainants at the time. The Defendant used the monthly revenue of KRW 300,000 per month for the repayment of interest on the above loans and living expenses. The Defendant did not have any intention or ability to repay the above KRW 130,000,000 within the period of 1 to 2 months even if he/she borrowed money by again obtaining a loan under the name of the victim due to the absence of any other property and the credit rating.

The Defendant, on March 31, 2015, had the victim obtain a loan of KRW 50 million from the Hyundai Savings Bank, KRW 50 million from the Korea Exchange Bank, and KRW 30 million from the U.S. Loan Co., Ltd., respectively; and among them, received a transfer of KRW 17 million, including KRW 4 million on March 31, 2015, KRW 81 million on April 6, 2015, KRW 200,000 on May 20, 2015, KRW 200,000 on May 29, 2015, and KRW 17 million on June 26, 2015, to the Defendant’s name bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. cover of deposits, details of passbooks, and credit transaction records;

1. The details of loans, investigation reports (in case of actual transaction of real estate in the name of the defendant), investigation reports (in case of inquiry) (in case of response to NIC evaluation information).

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