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(영문) 서울서부지방법원 2020.02.14 2019고단2930
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On February 14, 2011, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence on March 12, 2012.

"2019 Highest 2930"

1. On January 2014, the Defendant committed the crime of fraud in early 2014, with the delivery of “fact-finding guarantee”, “issuance Certificate”, and “employee reduction” under the name of the Cbank branch located in Cbank B from the first patrolman B, who was a police officer, with the intent to borrow money from C using the said document.

On January 1, 2014, the Defendant presented the “written guarantee”, “written confirmation of issuance”, and “employee identification” to the victim at a mutual coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and said, “D would have obtained a loan of KRW 1 billion from the same branch of the village where Cbank is located, and if D would have borrowed KRW 20 million, it would have combined interest KRW 10 million after the opening of the meeting with the lapse of the meeting to pay KRW 30 million.”

However, in fact, the defendant thought that he will personally consume the borrowed money from the victim, and there was no intention to use it as the loan work cost of D because there was no relationship with D, and even if he borrowed money from the victim because there was no particular property, there was no intention or ability to repay it within the time limit.

On January 8, 2014, the Defendant, by deceiving the victim as such, received money from the victim to the E account under the name of E, which is a branch of KRW 20 million from the victim and acquired it by fraud.

2. On January 15, 2014, the Defendant presented the “certificate of the payment of loans” prepared under the name of FFFFFFFFFF credit team G, and the Defendant concluded that “The FFF would have been granted a loan of KRW 7.5 billion from the H-owned real estate of H, a corporation, the CF of which is represented by E due to the absence of the loans from the FFFF credit team G. If the Defendant lent KRW 30 million as working expenses, the Defendant would have lent KRW 50 million including interest and principal after 10 days.”

However, the facts are that H.S. corporation.

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