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(영문) 광주지방법원 2017.02.03 2016고단5538
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On January 20, 2016, at around 12:00, the Defendant called the above victim, which became aware of in the “E” Kaf-dong 107, 903, the website following the Internet, to obtain a loan of KRW 25 million due to a high interest rate, and to obtain a substitute loan of low interest rate, the Defendant did not know about whether the Defendant would receive a loan of KRW 25,000,000 at a two to three hours.

“False speech was made to the effect that it was “.”

However, the defendant had no intention or ability to repay the loan even if he/she has received the loan from the injured party with joint and several guarantee.

Nevertheless, on January 20, 2016, the Defendant: (a) by deceiving the victim; and (b) obtained a loan of KRW 5 million in the name of Dong-in H from G lending on January 22, 2016, from the victim, within the rash car owned by the Defendant in Gwangju Northern-gu F on January 14:20, 2016; and (c) obtained a loan of KRW 5 million in the name of Dong-in.

B. On January 20, 2016, the Defendant received the documents related to the joint and several sureties as stated in the preceding paragraph from the Defendant’s passenger car owned by the Defendant in Gwangju Northern-gu, and the Defendant would receive and resolve the loan within two to three days on the face of the week by receiving the loan under the name of the Defendant, as the loan is likely to be made in his/her own name.

“The phrase “ was false.”

However, even if the victim borrowed the money, the defendant did not have the intention or ability to pay the money.

Nevertheless, the Defendant, as such, received 9 million won out of 10 million won from the damaged party’s loan from Mountain and Myman on January 26, 2016, from the H account under H. On February 12, 2016, the Defendant received 5 million won from the AF bank to the NA account in the name of H, and acquired 14 million won in total on two occasions, such as receiving 5 million won from the AF bank to the NA account under the said H on the same day.

2. Counterfeiting private documents with respect to the application for the transaction and holding of such documents;

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