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(영문) 서울서부지방법원 2019.02.21 2018고단4363
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant and the victim B had a relation of interest from the end of January 2017 to the beginning of September 2017.

1. Around July 2017, the Defendant made a false statement to the effect that “Around July 2017, the Defendant would change the name of the loan in the future after the three-month period, after receiving a loan under the name of the Defendant and paying the loan to the Defendant, if he/she borrowed the loan under the name of the Defendant, with the money that he/she received as the surety, and then, he/she would change the name of the loan in the future.”

However, the Defendant did not have any idea to use the money borrowed from the victim to repay the existing loan, used most of the money as its own cost of living, and there was no intention or ability to change the name of the loan as the Defendant promised to be liable for the loan amounting to 30 million won or more in the future.

Nevertheless, on July 21, 2017, the Defendant, by deceiving the victim and deceiving the victim, transferred 6 million won to C(D) account under the name of the Defendant, and 4.85 million won to the same account on July 22, 2017, respectively, and acquired 1,085 million won by transfer.

2. On September 2017, the Defendant made a false statement to the effect that “Around September 2017, the Defendant would change the name of the loan and make a repayment of the existing loan borrowed money to the Defendant in the form of E message to the victim at a place not known to him/her at least on September 2017.”

However, the Defendant did not have any idea to use the money borrowed from the victim to repay the existing loan, used most of the money as its own cost of living, and there was no intention or ability to change the name of the loan as the Defendant promised to be liable for the loan amounting to 30 million won or more in the future.

Nevertheless, on September 14, 2017, the Defendant deceivings the victim, and its deceivings, KRW 6 million from the victim’s account (D) to the Defendant’s name C (D), KRW 3.5 million from the Defendant’s bank account (G) on September 15, 2017, and KRW 1.80,000 from the said C account on November 11, 2017, respectively.

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