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(영문) 제주지방법원 2016.07.22 2016고단927
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant and C jointly committed the crime committed with the Defendant and C: (a) without the intent or ability to normally repay money from the lending company; and (b) without the intention or ability of the lending broker, the Defendant and C conspired with each other by dividing the money received from the lending company with the name of the lending broker, which is in excess of the intent and capacity of the lending company.

Pursuant to the above public offering, the Defendant: (a) at the E Hospital located in E in the Dondo of the Dondo of the B on May 2015, the victim Co., Ltd. by telephone; (b)

The employee in charge of division loan has fixed income of KRW 1,50,000 per month while engaging in the repair business of fishing vessel engines and thus, the principal and interest of KRW 3,00,000 per month shall be repaid every five years on the loan of KRW 3 million.

The purport of “A” refers to “A” and around that time, C by telephone to the above employees, is currently working for F and is paid KRW 2.7 million per month, so there is no problem in the repayment of A’s loan obligations.

“.........”

However, the Defendant did not engage in the business of repairing fishing vessel engines, and C did not have served as F, and the account statement expressed as if the F periodically deposited the benefits into the account of C was false documents made by the above nameless loan broker.

As a result, the Defendant, in collusion with C or a person in unsound name, by deceiving the victim as above, and transferred KRW 2,98,500 to the Defendant’s account on May 14, 2015 (CF G).

2. On June 21, 2015, the Defendant’s sole crime committed by the Defendant has re-influenced the victim H, who did not interfere with school restrictions at a non-permanent place in Seoul (hereinafter referred to as Seoul) around 13:00, and received KRW 10 million each month by leasing three internal and external vehicles to another person.

It shall be paid immediately as the face value entered with a loan of KRW 1 million.

“.....”

However, the defendant has not leased the external motor vehicle.

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