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(영문) 울산지방법원 2020.09.16 2020고단2541
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The name-free person assumes the victims by telephone that he/she would make a substitute loan at a low interest rate when he/she assumes the victims by misrepresenting them to the staff of the lending company, or that he/she should immediately repay the existing loan obligations in cash by attempting to do another loan under the condition of an existing loan, and thus, he/she is in violation of the Act on the Real Name Financial Transactions." The defendant was willing to commit the so-called so-called fraud by having the victims receive cash from the victims and deposit them into the account designated by the winners of the name-free account.

1. On May 12, 2020, the victim C falsely assumes the victim C by telephone at a non-permanent place and falsely assumes the victim C to the effect that “The victim believed to apply for a loan of KRW 100 million as 3.5% per annum because it is possible to lend 3.5% per annum,” and the victim believed to be the victim’s telephone when applying for the loan, and, at once again, the victim misrepresented the E employee who was the victim had already been provided with the existing loan, the victim would be in violation of the Act on Real Name Financial Transactions by attempting to make a multiple loan while there is another existing loan obligation, and if the existing loan is not repaid in cash within 24 hours, it would go beyond the reduction of the amount of the loan.”

However, in fact, the person who was not the victim was not D and E, and even if he received the money from the victim, he did not have any intent or ability to repay the existing loan obligations of the victim.

On May 13, 2020, in accordance with the direction of the person who was unable to use his name, the victim was required to prepare 1,7850,000 won in cash, and the defendant was found to have received 1,785,000 won in cash from the victim in front of the F “G” in the M.M. around 13, 2020.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

2. On May 13, 2020, the victim H made a false statement in the name of the deceased.

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