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(영문) 서울동부지방법원 2017.02.16 2016고단3512
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On July 2015, the Defendant received a request from the victim E, who was a student of a high school or a alumni, to inquire about the loan of FF and 17 parcels owned by the same person as collateral, from the victim E, and at the H hotel coffee shop located in Jung-gu Seoul Metropolitan Government, the Defendant may lend KRW 600 million to the victim at the inside savings bank” at the H hotel coffee shop located in Jung-gu, Seoul.

section 3.

If such loan is to be made, 15% of the loan must be extended to the staff in charge of the bank.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have received a request from the person in charge of the bank to increase loans, and he thought that he would receive money from the person who suffered damage.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the new bank account (I) in the name of the Defendant, KRW 90 million under the pretext of lending KRW 600 million around July 10, 2015 from the victim.

2. On November 2015, the Defendant: (a) upon receipt of a request from a person who was injured by the first police officer to inquire about additional loans on the said real estate as a collateral; and (b) provided the victim with an additional loan amounting to KRW 400 million from the Ansan Savings Bank

The purpose was to make a false statement to the effect that “The rate of 15% to be reduced to the Bank staff, such as the transfer” was changed.

However, in fact, the defendant did not have received a request from the person in charge of the bank to increase loans, and he thought that he would receive money from the person who suffered damage.

As can be seen, the Defendant, by deceiving the victim and deceiving the victim, stated in the indictment in the name of KRW 60 million as a loan increase for KRW 400 million on November 4, 2015, “70 million” in the indictment. However, as stated below, the Defendant acquitted the victim of KRW 10 million out of KRW 70 million, as stated below, and thus, the Defendant convicted the victim by correcting this part as KRW 60 million.

the Defendant was transferred to the new bank account in the name of the Defendant.

Summary of Evidence

1. The prosecutor's office of the defendant, 1. The witness E's legal statement.

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