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(영문) 의정부지방법원 고양지원 2016.05.27 2015고단3282
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

Around December 15, 2014, the Defendant: (a) accessed the victim’s office operated by the victim D (victim D) at the time of strike on December 15, 2014, to obtain a loan equivalent to KRW 1.8 billion for the successful bid price; and (b) falsely concluding that “a loan equivalent to KRW 1.8 billion is required to obtain a successful bid price; and (c) changing the amount of KRW 2,00,000 to the national bank account in the name of the Defendant on the same day.”

However, the victim only obtained a loan of 1.65 billion won from the Korean bank introduced by the defendant, and the amount was the amount that the victim could have sufficiently received from other banks, etc.

After that, the Defendant approach the victim on January 27, 2015 and additionally loans KRW 200,000,000,000 to the victim on February 5, 2015, “60,000,000,000 won, which is short of until February 5, 2015, is changed in the name of the down payment. If the Defendant fails to receive the loan until then, 200,000 won of the down payment (4,000,000 won)” means the false statement that “1,00,000,000 won

1. 29.1 million won has been remitted.

However, the defendant did not have any intention or ability to get a more favorable loan than ordinary loans even if he received money from the injured party and received money from the injured party under the pretext of prior notification from the beginning.

As such, the Defendant, by deceiving the victim, received a total of 4 million won from the victim, and acquired it by deception, over three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A complaint, service contract, details of passbook transactions, each recording document (the part on which Defendant’s statement was made), and a financial intermediary confirmation document [no circumstance can be found to find out that the Defendant had professional knowledge or ability related to lending of financial rights, or special friendship with financial authority-related persons. The Defendant of the Republic of Korea War around December 2014 is two million won from the person who suffered damage around December 201.

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