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(영문) 서울중앙지방법원 2013.10.11 2013고단3193
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

When the Defendant works as a lending consultant, the Defendant: (a) although the credit rating is excellent, but the amount of existing loans or cash services used is larger than that of the above customers, the Defendant received a new loan from another person on behalf of the above customers; and (b) the Defendant acquired the difference between the loan fee and the interest by means of repaying the loan and the interest to be paid at the time of the loan and the new loan; (c) on May 2012, the customers who received a new loan from from around May 2012 failed to repay the loan to the Defendant at the time; (d) thereby, the Defendant was unable to repay the loan to the Defendant; and (e) accordingly, (e) the repayment of the existing obligation by means of the repayment of the loan to another person.

【2013 Height3193】

1. On November 30, 2012, the Defendant, on November 30, 2012, made a call to the victim C at the Gangnam Branch Office of the E-company, the Defendant working for the Defendant in Jung-gu Seoul, Jung-gu, Seoul, to the effect that “Apon, No. 5 million won should be lent.”

However, in fact, the Defendant did not have any particular income or property, while the Defendant bears a large amount of debt with the “losting” as above, and there was no intent or ability to repay the debt even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 55 million on the same day from the victim to the national bank account in the name of the Defendant under the name of the Defendant for the purpose of borrowing money from the victim.

2. On February 7, 2013, the Defendant’s fraud against the victim C on or around February 6, 2013, the Defendant may pay the victim C with a phone call from the above office where the Defendant is working on or around February 6, 2013.

40 million won again for other days.

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