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(영문) 대구지방법원 2016.01.29 2015고단5056
준사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 2014, the Defendant visited the Daegu Dong-gu apartment model housing B, Daegu-gu, and became aware of the victim C (26 tax) who is a part-time student of parking management.

The defendant had the victim obtain a loan under the victim's name by using the fact that the victim's intellectual disability 2nd degree is insufficient judgment ability, and acquired it by fraud, and had the victim attend the amusement store, singing room, etc. and had the victim pay entertainment expenses.

The defendant around October 2014, the defendant will repay all the interest and principal of the loan to the victim who borrowed the loan under the name of four.

"Falsely speaking, the victim was accompanied by a passenger car, and the victim was issued with necessary documents for the loan, such as a certificate of employment, resident registration abstract, and family relation certificate, and the method of preparing an application for the loan has also been completed.

1. On October 28, 2014, the Defendant: (a) sent the victim to the Defendant’s passenger car, and (b) had the victim file an application for a loan of KRW 3 million with the victim’s account in the name of the victim pursuant to the 2117-gu Jung-gu, Jung-gu, Daegu-gu Office; and (c) thereafter, the Defendant deposited the loan into the victim’s account; (d) provided that the Defendant did not have the intent or ability to repay the loan amount in cash and borrowed the loan amount of KRW 2 million to the victim without having the victim’s intent or ability to repay the loan amount. In addition, the payment of the principal and interest is to be made.

“Around that time,” a person was granted KRW 2 million as the borrowed money from the injured party.

2. On November 7, 2014, the Defendant had the victim file an application for a loan of KRW 3 million with the victim (ju) loan, and thereafter deposited the loan into the victim’s account in the name of the victim, the fact is that the Defendant did not have the intent or ability to repay the loan principal and interest. The Defendant borrowed the amount of KRW 2.3 million to the victim in cash even though he did not have the intent or ability to repay the loan principal. The principal and interest shall be repaid at the same time.

“Around that time,” a person was granted KRW 2,30,000 as the borrowed money from the injured party.

3. The defendant.

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