(영문) 수원지방법원안산지원 2020.09.25 2020고단3102

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(영문) 수원지방법원안산지원 2020.09.25 2020고단3102

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a victim B and a relative with the victim.

Around March 25, 2019, the Defendant visited the victim in the vicinity of D, in which the Defendant works for the Defendant in Ssung-si, and “I want to use credit rating at low credit rating. I wish to use credit rating. I want to pay the existing loan under the name of the Defendant and pay the money in the account within the country for a fixed period of time. Before the example, her mother is acting on behalf of his/her mother for his/her obligations within the country. The loan is not a loan because her mother is acting on behalf of his/her mother. The remaining money remaining after having received a joint loan and repaid the existing loan shall be kept in the account and kept at a low interest rate if the credit rating is lower than the credit rating, with the money deposited in the account and kept at a low interest rate.”

However, in fact, the Defendant, from the beginning, was making a loan under the victim’s sole name, and even if receiving a loan from the victim, it was thought that it would be used as living expenses, etc., but did not have the intent to repay the loan by receiving an additional loan by repaying the loan or raising his credit rating. Since there was no property in the name of the Defendant in addition to the loan amounting to KRW 10 million, there was no property in the name of the victim, there was no other intention or ability to repay the above loan.

Nevertheless, the Defendant, as above, by deceiving the victim and allowing the victim to obtain credit loans from the Dispute Resolution E and the Dispute Resolution Fund, received the victim's total sum of KRW 50 million on March 27, 2019 and KRW 52.5 million on March 28, 2019 and KRW 2.5 million on March 4, 2019 from the victim to the IBK Bank account (G) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning B;

1. Financial transactions with the principal;

1. Notification of current status and data of financial transactions;

1. Investigative Report (Verification of Use of Suspect Loans) 1.

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