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(영문) 광주지방법원 2017.11.23 2017고단3099
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

In collusion with C, the Defendant, who is a lending broker, received a loan equivalent to KRW 33 million from other lending companies, such as mountain and money, and was aware that the Defendant could no longer receive a loan under the name of the Defendant, and was able to obtain a loan from the damaged party by receiving the loan under the name of the victim D.

On August 8, 2016, the Defendant calls for a victim at a place where his/her address is unknown, and “a loan is granted from the SBI Savings Bank, and the Defendant may not receive the loan from the head of the Tong.”

There is a difference in lending the head of the Tong to receive a loan. I will be free from any damage to the person.

“A” means to the effect that a loan is granted under the name of the Defendant only by taking out a loan under the name of the Defendant, and that the said C also phone called from the Defendant to the contact address of the victim, and was given a loan under the name of the Defendant, the victim “A received the loan documents.”

We will have no damage to the party.

A's loan is deposited into the current account.

“.” The purport was “.

However, the defendant was thought to use 28 million won loan from the above SBI Savings Bank with the victim as the debtor, and there was no intention or ability to pay the loan in the name of the victim because there was no particular property.

Nevertheless, the defendant deceiving the victim and caused the victim to apply for a loan equivalent to KRW 28 million to the SBI Savings Bank on the same day, and caused the victim to borrow KRW 28 million to the Saemaul Bank Account in the name of the victim, and received the above KRW 28 million from the victim to the post office account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions of ordinary loans and a detailed statement of transactions of post office accounts;

1. Recordings, investigation reports (suspects - C - C suplicating of monetary records), and monetary records extractions shall apply to the legislation.

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