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(영문) 부산지방법원 2017.09.28 2017고단2969
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

[2017 Highest 2969] On March 2016, the Defendant came to know of the victim D (38 taxes, souths) who had been a customer at a singing room located in Busan Dong-gu, Busan, as a female entertainment loan, and became aware of the fact that the Defendant had been aware of the fact that he was an unmarried victim, and had an independent contact with the victim who was aware of the Defendant on April 2016.

7. Until the end, it became dead.

On April 7, 2016, the Defendant: “The Defendant has to pay 4 million won to the victim ad hocly different amount of money by telephone at a place in which the Defendant was not a place; thus, the Defendant would make a change in the amount of KRW 500,000 per month.

“.......”

However, at the time of fact, the Defendant borrowed money from many people, and the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim because there is a very difficult economic situation, such as having to receive a loan under another person’s name and have to repay it.

As such, the Defendant, by deceiving the victim, received KRW 4 million from the victim to his/her own Busan Bank account on the same day, and thereafter received KRW 51,70,000 from that time until July 21, 2016, as shown in the list of crimes in attached Form 13 times, from that time.

[2017 Highest 333]

1. Crimes against lending enterprises;

A. On July 18, 2014, the Defendant, at his own residence located in Busan East-gu, Busan-gu around July 18, 2014, forged private documents and falsified investigation documents, submitted to the lender, who was unable to know the name of the Love Loan Company, one copy of the loan transaction agreement in the name of G, which is a private document concerning rights and obligations, with the entry of “3,00,000 won” in the column for loan interest rate, “34.9%” in the resident registration number column, “F” and “G” in the resident registration number column, and signed by G in the name of G, which is a private document concerning the rights and obligations, with the intention of exercising the right and obligations. The forgery of the loan transaction agreement shall be submitted by mail to the lender who is unable to know the name of the Love Loan Company.

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