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(영문) 수원지방법원 안산지원 2021.03.26 2020고단2084
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s loan fraud shows to the victim B a text message of water-related contract, located in the Defendant’s mobile phone at a place where it is difficult to know about March 26, 2018 at the time of Sincheon-dong, Sincheon-dong (hereinafter “Sacheon-dong”) and, in turn, can always be said to be the case where there are many customers who run a high water shop for 17 years, and there is money.

It is intended to pay money after lending money to a third party.

‘False speech' was made.

However, in fact, the defendant was liable for approximately KRW 160 million, and the defendant was thought to pay other debts with money from the injured party, and there was no intention or ability to pay the loan to the injured party through the real transaction.

Accordingly, on March 26, 2018, the Defendant, by deceiving the victim as above, received KRW 2,989,635 from the D Association account (Account Number: E) in the name of the Defendant’s father C under the name of loan from the injured party, and received KRW 2,989,635 from June 29, 2018, and received the remittance of KRW 112,329,635 in total from June 28, 2018, as shown in attached Table 1.

2. On March 27, 2018, the Defendant would pay a high interest on the lending of the card to the victim B at a place where it is not known to the Sincheon-dong, Sincheon-dong (hereinafter “Sacheon-dong”) around March 27, 2018.

If there is no money, the credit card will be lent. The credit card will be settled on the credit card settlement date.

The phrase “ makes a false statement.”

However, the Defendant was thought to use the credit card for personal purposes, not for the purpose of the contract with the business parties related to scrap metal by lending the credit card of the victim from the victim, and the credit rating at the time was 10,000 won, and there was a debt of about 160,000 won, and there was no intention or ability to pay the credit card price on the credit card settlement date even if the credit card was used by the victim due to a lack of particular income

Accordingly, the defendant deceivings the victim as above and belongs to it.

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