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(영문) 서울동부지방법원 2018.07.12 2018고단423
사기
Text

A defendant shall be punished by imprisonment for not less than five 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

1. On September 6, 2013, the Defendant was called to the Victim C in the middle of August 2013, 2013, and a loan is needed under the name of four in the name of the Defendant’s crime.

If a loan of 6 million won is granted in four names and the loan is granted to a loan, it is intended to pay 6 million won in full after 3 months.

In addition, 600,000 won will be lent for 3 months of the four-month period on condition that four million won will be lent.

“A false statement” was made.

However, in fact, the Defendant intended to pay interest on loans to those who borrowed money from the damaged party or consume such money for personal purposes, and even if the Defendant borrowed money from the damaged party, he did not have any intent or ability to repay it.

On September 6, 2013, the Defendant was granted KRW 5,400,000,000,000, out of KRW 6,400,000,000, out of the money loaned by Hyundai Savings Bank in the name of the victim at a 240 scam, Songpa-gu Seoul Olympic Games, and the first 1st basement underground, from the victim’s deceiving the victim as above and deceiving

2. Around June 2015, the Defendant made a false statement to the victim C, stating that “Around June 2015, the Defendant made a call to the victim C, who was given a loan from the Hyundai Savings Bank under the previous four names, to the Busan Bank, and the phone at the Busan Bank would only change its match approval if the phone was off at the Busan Bank.”

However, in fact, the Defendant was intended to obtain a loan from the Busan Bank BNK Capital in the name of the victim and consume it for personal purposes, and even if receiving the loan, the Defendant did not have any intent or ability to complete the loan.

The defendant deceivings the victim as above and required the victim to approve the Busan Bank's loan confirmation phone, and around that time, he borrowed KRW 10 million in the victim's name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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