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(영문) 수원지방법원 2018.06.26 2017고단7194
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around August 2016, the Defendant called the Defendant’s high school, and then called the Defendant’s high school, for a joint and several surety for the Defendant’s debt of KRW 28 million, around April 2016, and sent to the Defendant for the loan of KRW 35 million in the name of four, with the Defendant’s loan of KRW 28 million, the Defendant would pay the loan of KRW 28 million in the name of the Defendant and make up for the credit rating of KRW 35 million in the remainder of seven million, and thereafter, with the bank loan of KRW 35 million in the name of the Defendant.

“A false statement” was made.

However, at the time, the Defendant had a large number of obligations to be immediately repaid, and the credit rating was not good. Therefore, even if the Defendant received from the injured party a remittance of KRW 35 million and repaid his/her obligations, the Defendant did not have any intent or ability to obtain additional loans in the name of the injured party and to repay the said KRW 35 million loans.

Nevertheless, on August 26, 2016, the Defendant: (a) by deceiving the victim as above and deceiving the victim; (b) transferred the victim’s property to the new bank account in the name of the Defendant, 35 million won, including KRW 25 million and KRW 10 million borrowed from the SBI Savings Bank; and (c) borrowed from Busan and the Loan Co., Ltd.; and (d) acquired the victim’s property from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Inquiries about the financial transaction confirmation of the SBI Savings Bank, the details of deposits into and withdrawal from the account of the complainants, investigation reports (Submission of data on the complainants), certificates of mountain and money obligations, liquidity transactions [Judgment on the assertion of the accused and his/her defense counsel]

1. The summary of the assertion is that the injured party used the guarantee to pay the pre-paid loan to the injured party, as agreed with the injured party. At the time, the Defendant, who worked as an insurance designer, concluded an insurance contract in the name of another person to pay a large number of premiums, under the circumstances where it is inevitable for the injured party to pay a large amount of premiums.

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