(영문) 수원지방법원 성남지원 2020.01.30 2019고단2031

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(영문) 수원지방법원 성남지원 2020.01.30 2019고단2031

사기

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, upon knowing that the victim C introduced through B would receive funds necessary for the change of type of business and facilities while operating a cafeteria in Seo-gu, Seo-gu, Gwangju, access as if he were to receive loans.

1. On August 4, 2016, the criminal defendant fraud by fraud of lending and credit card use money made a false statement to the victim that “The lending limit of the party is lower due to low credit rating. The party will have a larger loan by raising the credit rating of the party. The party will make a credit card and a new credit card, which the party has, and then, increase the credit rating by using the card at home and paying the payment. In addition, the second financial right, the second financial right, thereby allowing the loan to increase the credit rating of the party by repeatedly raising the credit rating of the party and repeatedly paying the principal by paying the interest on the loan and repaying the principal.”

However, the fact is that the defendant was thought to use a credit card with a loan borrowed under the name of the victim, and there was no intention or ability to receive the loan more than the credit rating of the victim, to repay the loan received under the name of the victim, or to repay the credit card price properly.

As such, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 40,100,00 in total in the name of the victim nine times from August 11, 2016 to August 22, 2016; and (c) obtained a loan of KRW 35,147,968 from the victim’s name to the extent that it does not practically infringe on the Defendant’s right to defense; and (b) subsequently, the Defendant subsequently corrected the criminal facts ex officio to the extent that it does not infringe on the Defendant’s right to defense.

From August 6, 2016 to December 15, 2016, the victim's credit card with B and K over a total of 64 times, as shown in Appendix 2.

유사 판례

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-광주지방법원 2018.03.22 2017가단517849