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(영문) 부산지방법원 동부지원 2018.04.19 2018고단238
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On December 2016, the Defendant came to know of the victim B who was working in the company called “D”, which is the customer of the said “C,” while working in a trade name, “C” located in Ulsan.

1. On March 13, 2017, the Defendant called the victim at the store below Ulsan, the Defendant: “In the event that the Defendant received a loan under the name of the Defendant and borrowed the loan to the Defendant at a low interest rate, the Defendant would repay all of the above loan within 2-3 weeks after receiving the loan at a low interest rate, and then would have the person who received the loan pay the loan normally.” On the same day, the Defendant had the victim borrow KRW 36 million from the JT-friendly Savings Bank on the same day.

However, in fact, the Defendant had a financial institution and an individual debt worth KRW 200 million at the time, was willing to use the money received from the injured party for the purpose of repayment of personal debt and living expenses, and even if he borrowed money from the injured party due to the bad credit standing, he did not have the intent or ability to pay the money normally to the injured party.

On the 14th day of the same month, the Defendant, by deceiving the victim, received KRW 36 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired it by remittance.

2. On May 23, 2017, the Defendant called the victim at a remote space of not more than Ulsan, and delayed the lending of the prior loan to the lender.

If a new company receives a loan from a new company and lends the loan at this time, it refers to "to make a repayment of the loan principle at a normal time by adding up the loan to the case before the loan is made," and the victim has received a loan of KRW 21 million from the SBI Savings Bank on the same day.

However, the defendant had a financial institution and personal debt equivalent to KRW 200 million at the time, and he received money from the injured party.

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