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(영문) 서울동부지방법원 2018.03.22 2018고단93
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person working in C, and the victim D is a person with a disability of Grade III intellectual disability, who was a defendant's work partner.

A person who is the spouse of E (class 2 of intellectual disability).

The Defendant was unable to obtain a loan more than the credit rating due to the low credit rating due to the fact that the Defendant did not fully repay the loan from many lending companies, and was willing to obtain the loan in the name of the victim after allowing the loan to be obtained in the name of the victim.

On August 16, 2017, the Defendant called the victim and called the victim at around August 16, 2017, stating that “I would pay 20 million won, if I would have borrowed money through a lending company in the name of Nggrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

However, at the time of fact, the Defendant had already been unable to repay the money of 30 million won or more from the K Savings Bank, G, and the K Savings Bank, etc., and 90,258,900 out of the money borrowed from the damaged was used for game costs. Since it was difficult to take economic measures to obtain additional 9 million won from the Savings Bank, H, etc. even after borrowing the money from the damaged party, there was no intention or ability to repay the money as promised, even if he borrowed money from the damaged party.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 20 million and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (in response to inquiry into a suspect A credit information), investigation report (Analysis of details of bank account transactions conducted by a suspect A);

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Criminal facts;

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