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(영문) 수원지방법원 성남지원 2016.11.17 2016고단911
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around January 2013, 2013, the Defendant: (a) sought a loan from a person whose name is unknown (one name “D”; (b) and a person in need of money by providing information on the procedures for receiving a loan in the second financial right, etc.; (c) then, (d) transferred the loan to the Defendant’s account in the principal place of transfer of the loan to the Defendant’s account, and (e) conspired to acquire the loan by means of acquiring the loan in the name of the Defendant from the first financial right of the first financial right of the interest.

However, since the defendant was aware that he was unable to obtain a loan from the first financial right due to the overdue payment of credit card payments at the time, the defendant could not succeed to his obligation even if he was transferred to another person, and even if he succeeded to his obligation, he did not have the intention or ability to repay his obligation even if he was to do so.

A person whose name is unknown at around September 25, 2013, through telephone conversations with the victim F (or 49 years of age) who requires money at a place where it is not known, and the victim F (or 49 years of age) who wants to receive a loan and succeed to the loan, and made the victim borrow a total of KRW 21 million from seven lending companies by making a false statement that he/she would receive a loan and succeed to the loan, and then let the victim borrow a total of KRW 3 million from the seven lending companies. The above money was remitted to the G MF account in which the Defendant uses.

Accordingly, the Defendant, in collusion with those who are not aware of the above name, was accused of the victim, and was remitted KRW 21 million from the victim.

Around January 2013, 2013, the Defendant: (a) sought a loan from a person whose name is unknown (i.e., one’s name “E”; (b) and a person in need of money by providing information on the procedures for receiving a loan from a second financial right; and (c) transferred the loan to the Defendant’s account, 30% of the loan out of the principal loan.

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