logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.02.08 2018고단1666
사기
Text

A defendant shall be punished by imprisonment for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Around December 27, 2016, the Defendant: (a) at the office of the D Loan Enterprise located in the Do Government-si (U.S.); and (b) by telephone to the victim B, the Defendant shall pay the victim B with the money of KRW 58 million, which is a joint and several surety, since the goods bC borrowed do not appear on January 2017; and (c) once he/she receives a loan of KRW 58,00,000,00 which is the maximum amount possible under the name of BC with the workplace and has repaid the existing loan of South East East-dong; and (d) he/she shall pay KRW 58,00,000 with the new loan around February 2017, he/she will receive a new loan of KRW 58,000,000 in lieu of the principal and interest that have to be repaid to the company until South Dong-dong will receive a new loan.

However, the defendant was thought to use the money received from the victim for personal purposes, such as the defendant's personal business and investment, and even if he received money from the victim, the borrower could not have the victim get a new interest rate loan through the lending company, or paid the principal and interest payable for the loan of 58 million won on behalf of the victim, and there was no intention or ability to return the money received from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim on December 30, 2016, and KRW 30 million on January 20, 2017 from the victim’s account under the name of the Defendant E.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. The document of borrowing, specification of account transactions, recording record, and defense counsel provided information to the defendant, and the victim decided to obtain a loan. Therefore, the victim did not deceiving the victim, and all of the money received from the victim did not make any profit but did not make any profit differently from the expected amount. Therefore, this shall be acquired through deception.

arrow