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(영문) 인천지방법원 2016.09.07 2016고단4659
사기
Text

Defendants shall be punished by imprisonment for up to eight months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After the lack of living expenses, the Defendants received loans from other members of the N.V. carpet “L” to which the Defendants joined as members and paid KRW 100-2 million for each loan case, and attempted to acquire money by deceiving the loan owner by immediately changing the loan owner.

Defendant

A In order to show the above members as if they were engaged in loan-related business, A made a false statement that he/she will immediately change the title holder of the loan and pay fees for each loan. The role of providing the loan to the lending company by receiving necessary documents, such as family relation certificate, resident registration certificate, original and abstract of the resident registration, and copy of the passbook, and Defendant B intended to play the role of lending from the lending company as if the telephone was the person in whose name the lending company was the person in whose name the lending was made, and conspired to transfer or divide the loan from the victims who received the loan.

On June 16, 2016, the Defendants made a false statement to the effect that, as seen above, at one bank located in Dongdaemun-gu Incheon Metropolitan City, Dong-dong, Dong-gu, Incheon, the victim O who is a member of the NAV carpet “L”, “after obtaining a loan under the name of the party, if the loan is transferred to another person, the nominal owner of the loan may be changed in the name of the party, and the loan may be paid KRW 100 to two million for each loan case.”

However, in fact, the Defendants were to take out a loan under the name of the victim'sO by deceiving the Defendant to pay allowances, and to use the loan as a standard of living for the lack of the loan, and there was no intention or ability to change the lender.

As above, the Defendants: (a) deceiving the victimO; (b) caused the victimO to obtain a loan of KRW 7,998,000 from the Samho Savings Bank on the same day; and (c) received KRW 6,00,000 from the victim; and (d) delivered KRW 6,00,000 from June 8, 2016 to June 28, 2016.

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