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(영문) 수원지방법원 2020.04.09 2019고단3363
사기
Text

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

Reasons

Punishment of the crime

Around January 2017, the Defendant issued monthly income to the victim B, who became aware of as a result of the introduction of the branch, stating that “B is an insurance solicitor, card solicitor, and is operated by Kim(s).” Around that time, the Defendant conspired with the victim from around December 2017 to around December 2017.

On January 2017, the Defendant made a false statement to the effect that “The monthly interest rate is KRW 5 million per month. The bond is repaid first, the monthly interest rate is KRW 5 million per month, and the monthly income is KRW 5 million per month, and KRW 4-5 months.”

However, even if the monthly income was 5 million won or more, the Defendant was in a situation where at least 4 million won was re-paid to pay the monthly insurance premium for the customers. At that time, the Defendant was liable for the total amount of KRW 5 million to C Bank, KRW 7 million to D Bank, KRW 5 million to E, KRW 4 million to F, and KRW 5 million to G. However, due to continued loans and delinquency, the credit rating was 8 to 9 level, and there was no other intent or ability to repay the loan to the victim even if part of the existing bonds was loaned from the victim.

Nevertheless, on February 2017, the Defendant, by deceiving the victim as above, obtained cash of KRW 17.5 million from the victim, and obtained it from the victim, and acquired a total of KRW 48,393,848 from around that time to July 1, 2017 by deceptioning KRW 48,393,848 through seven times in total by lending and using the same method or the credit card of the victim, as described in the attached list of crimes, and failing to pay the price.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning B;

1. Details of transactions by credit card, payment order, statement of balance for repayment, advance notice of commencement of legal procedures, certificates of financial transactions, certificates of debts, certificates of fact, certificates of fact, notes of repayment, statements of personal interest, certificates of debt, and value-added tax;

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