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(영문) 광주지방법원 순천지원 2018.11.15 2018고단1617
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 3, 2018, the Defendant committed a crime against the victim C by telephone to the victim C and “an urgent amount is needed.”

The name of the loan will be changed in the name of the lending company within one month after receiving the loan from the lending company.

If it is different from one another only, it is only possible to hold a match.

“.......”

However, in fact, the defendant tried to use the loan granted in the name of the victim as illegal sports gambling funds, and did not have the intent or ability to change the name of the loan from the victim to himself/herself.

Nevertheless, on May 3, 2018, the Defendant: (a) by deceiving the victim; and (b) caused the victim to borrow KRW 36 million from the SBI Savings Bank; (c) KRW 10 million from the Industrial and Loan Co., Ltd.; (d) KRW 4 million from the K Savings Bank; and (d) KRW 8 million from the Apropy Social Loan Co., Ltd.; and (c) on the same day, transferred KRW 3 million to the corporate bank account in the name of the Defendant; and (d) KRW 5 million from May 4, 2018, respectively.

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

2. On May 21, 2018, the Defendant applied for a loan by telephone to the victim’s safety loan as of May 21, 2018, and “a loan of KRW 3 million shall be repaid for 60 months by equal means of repayment of principal and interest on the third day of each month.”

“.......”

However, at the time of illegal sports gambling, the Defendant was liable to pay approximately KRW 80,00 to financial institutions, etc., and the Defendant was scheduled to retire even at the time of his/her employment, so there was no intention or ability to repay the loan even if he/she received the loan from the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 3 million won to the new bank account in the name of the defendant from the victim.

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

Summary of Evidence

1. The defendant's statement in court;

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