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(영문) 부산지방법원 2019.10.28 2019고단1122
사기
Text

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

Reasons

Punishment of the crime

"2019 Highest 1122"

1. Fraudulentation of loans;

A. On July 10, 2017, the Defendant, who committed the crime of July 10, 2017, made a false statement to the effect that “C” restaurant operated by the Defendant located in Seo-gu, Busan, and the victim D (Nam, 36 years of age) (“C”) “I will complete payment without molding until December 2017, if I received a loan under four names.”

However, at the time, the defendant did not have a good credit to the extent that he could not register his business or obtain a loan under his name, and even if the victim received a loan for the defendant, he did not have an intention or ability to pay it in lieu of the promise.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim file an application for the loan of KRW 15 million with the E Co., Ltd. at the victim's seat, and then had the victim file an application for additional loan by using the victim's mobile phone on the same day, he/she acquired KRW 15 million from E Co., Ltd., KRW 5 million from the L Co., Ltd., KRW 4 million from the L Co., Ltd., KRW 4 million from the L Co., Ltd., KRW 3 million from L Co., Ltd., KRW 32 million from L Co., Ltd., and deposited KRW 5 million from I Co., Ltd. into the JA bank (K) in the victim's name, and thereafter, he/she acquired a physical card from the victim and used the above loans directly by the Defendant.

B. On August 28, 2017, the Defendant committed the crime of August 28, 2017: “Around August 28, 2017,” to the victim at the same place as indicated in the preceding paragraph, “it is necessary to pay money, receive additional loans from other loan companies”; and if the Defendant received additional loans under the name of the victim, he/she would normally repay the said loans on behalf of the Defendant.”

However, at the time, the defendant is unable to obtain business registration or loan under his/her name.

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