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(영문) 서울중앙지방법원 2017.06.02 2017고단1160
사기
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to Defendant A, the same shall apply for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On March 22, 2017, the Seoul High Court was sentenced to imprisonment with prison labor for two years and six months and ten months for special robbery, etc., and the judgment became final and conclusive around May 16, 2017.

Defendant

B, as the victim D knew that it is to obtain a loan, I would like to obtain the loan by allowing the victim to obtain the maximum amount of the loan with the defendant A who provides friendship E and arrange the loan.

Accordingly, on December 23, 2015, the Defendants, along with E, will receive a large amount of loans from the victims of the mutual influent sects in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the maximum extent possible in the four names, and the remaining money will be used by us, and us will fully repay the loans.

“The purpose is”.

However, the defendants and E did not have the intent or ability to repay the loan even if the victim obtained the loan under his own name.

The Defendants conspired with E to induce the victim, thereby inducing the victim to borrow 7 million won from the OSB Savings Bank in the name of the victim, and 6 million won from the Hyundai Savings Bank in the name of the victim, using the Internet smart theory on the same day. At around 19:00 on the same day, the Defendants acquired 6 million won from the 365cop of the Gwangju-gu Bank located in T-dong, Seo-gu, Seo-gu, Gwangju, about 19:00 on the same day, and acquired 6 million won from the 365cop of the Gwangju-gu Standing Bank located in the Seo-gu, Seo-gu, Seo-gu, Gwangju, about 2000 on the same day, each of them received 12 million won from the 3.65 million won among them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in the police interrogation protocol concerning E;

1. Statement made in the police statement protocol with D;

1. Descriptions of a report on internal investigation (attached to a detailed statement of transactions in the bank account under the victim's name);

1. Previous convictions: Application of the respective Acts and subordinate statutes of the defendant's legal statement, criminal history, and inquiry report (attached to the judgment of the first instance court in relation to the crime B and E) and investigation report (attached to the judgment of the first instance court);

1. Relevant provisions of the Act concerning facts constituting an offense;

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