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(영문) 의정부지방법원 2018.03.14 2017고단4171
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On August 23, 2017, the Defendant was sentenced to a suspended sentence of ten months of imprisonment for a crime of fraud at the Suwon Friwon, and the judgment became final and conclusive on November 25, 2017.

[2] The Defendant, in collusion with C and D, conspireded with C and D to obtain loans to those who have difficulty in normal lending due to workplace problems, etc., and offered loans in installments.

1. Fraud to victims E;

A. On April 26, 2017, in collusion with C and D, the Defendant made a false statement to the victim that “I want to work, I would like to find out the victim about the prime fare and termination by opening the two mobile phones as I need to work.”

However, the fact that the victim used the victim's intellectual disability to sell the mobile phone that the victim opened, was thought to be appropriated for living expenses, and there was no intention or ability to pay the mobile phone fees opened in the victim's name.

The Defendant, in collusion with C and D, by deceiving the victim as such, received two mobile phones from each victim of the same day at gallonal jus jus 90,00 won at each market price on the same day.

B. In collusion with C and D, on April 28, 2017, the Defendant concluded that “In order to engage in a loan brokerage business, the Defendant would have to obtain loans under the name of the victim and complete payment of loans,” in collusion with C and D, which read that “the Defendant would have received loans under the name of the victim as he/she would have to do so in order to run a loan brokerage business.”

However, the facts did not think of defense with the victim, and there was no intention or ability to repay the loan.

On April 28, 2017, the Defendant conspired with C and D to induce the victim to borrow KRW 5,000,000 from the OSB Savings Bank around April 28, 2017. On the same day, the Defendant received a delivery of the loan to C’s account as a loan.

2. The victim;

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