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(영문) 의정부지방법원 2017.09.21 2017고단3682
사기
Text

A defendant shall be punished by imprisonment for six months.

One device (No. 1) shall be confiscated from a seized mobile phone.

Reasons

Punishment of the crime

On November 15, 2016, the Defendant appealed from the Defendant’s imprisonment with prison labor for fraud, etc. in the support for the development of the Sugwon method, but was dismissed on August 9, 2017, and the judgment became final and conclusive on August 17, 2017.

The Defendant conspireds with D and E to get loans to those who have difficulty in normal lending due to workplace problems, etc., and offered loans in installments.

1. Fraud against victim F;

A. The Defendant, in collusion with D and E, used the fact that the victim F was suffering from a intellectual disorder, was thought to be appropriated for living expenses due to the sales price of the victim’s opened mobile phone, and did not intend or have an ability to pay the opened mobile phone fee under the victim’s name. On April 26, 2017, the Defendant found the victim’s “H” mobile phone mobile store located in Yangsan-si G with the need for a mobile phone in order to perform work, and found the victim’s “in order to perform work, the mobile phone need to open two mobile phone charges and termination.”

“Along with the gallon,” the gallon received two mobile phones from the injured party (or equivalent to KRW 90,000 at each market price) from each victim, and acquired them by fraud.

B. The Defendant, in collusion with D and E, was unable to have the intent or ability to repay the loans of the victim, but the Defendant would be able to pay the loan on April 28, 2017 to the victim by receiving the loan from the victim under the name of the victim because he/she would have to seek a room to run a loan brokerage business.

“Along on April 28, 2017, a victim made a false statement and caused the victim to obtain a loan of KRW 5 million from the OSB Savings Bank, and the loan was obtained from the Defendant’s account (I) in the name of the Defendant.

2. The criminal defendant against the victim J in collusion with D and E as above, although the defendant did not have the intent or ability to repay the loans by the victim J, the defendant on May 15, 2017.

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