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(영문) 대구지방법원 서부지원 2014.09.04 2013고단606
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A provided a building or site newly constructed or extended construction as collateral and did not have any intent or ability to obtain a loan from a bank as collateral to the victim B and C due to lack of experience in obtaining a loan from a financial right, such as a bank. Defendant A did not have any intent or ability to obtain a loan from the bank as collateral. At the time of borrowing money from another person due to bad credit standing equivalent to KRW 100 million.

On April 5, 2011, the Defendant made a false statement to the victim B, “F coffee shop” located in Daegu Suwon-gu E, stating that “The Defendant would establish a new corporation in D, set up the B branch office to provide a bank loan equivalent to 15 to 1.6 billion won, and changed expenses incurred in lending a bank, such as the purchase price of the corporation.”

The Defendant received 4 million won on the same day from the victim as a new bank account (H) account in the name of G, such as bank loan expenses, etc., 2 million won on the July of the same month, 10 million won on the 11st day of the same month, and 50 million won on the 15th day of the same month.

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

B. On April 21, 2011, the Defendant made a false statement to the victim C at the “J” coffee shop located in Seogu-gu Seoul Metropolitan Government I, stating that “The cost of establishing a corporation and the cost of a certified judicial scrivener is required to grant a bank loan. If 1,4820,000 won is granted a loan, and if a bank loan is not available, the Defendant will return the money.”

The Defendant received 1,4820,000 won from the victim to the new bank account (H) in the name of G as a loan expense.

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

C. On April 26, 2011, the Defendant made a false statement to the victim C, stating, “I will pay money within three days if I lend money.”

The defendant shall be three million won with a new bank account in the name of G as the borrowed money from the victim.

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