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(영문) 수원지방법원평택지원 2020.09.11 2019고단1425
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant, with bad credit standing, operates a business or makes it difficult to conduct financial transactions in his/her name, the Defendant changed the name of the business entity from the frequency of the “C” located in Ansan-si B on December 16, 2016 to D, and used the E bank account, F card, etc. from D.

On February 24, 2017, the Defendant listened to the phrase “C” that it is possible to provide credit loans from the said counselor to KRW 18,50,000,000,000,000 to a victim G corporation after calling the victim G corporation for consultation in connection with the settlement of the F card, and then completing consultation with the said counselor, and then obtaining a loan from the said counselor. The Na phone number is H, and the reason is different from the registered phone number at the time of the application for the card, is that the Defendant uses another phone number for each business operator. In order to confirm himself/herself, the counselor again said that “inward D” is false once the phone number is defective.

However, the Defendant was aware of the fact that he was unable to obtain credit loans under his name as a bad credit holder, and only obtained consent from D to use and pay credit cards within the credit limit and did not obtain delegation or consent to credit loans exceeding the credit limit. Therefore, the Defendant did not have the right to obtain credit loans under the name of D.

In the end, the defendant deceivings a counselor in the name of the victim company and was delivered to the E-bank account (I) in the name of D managed by the defendant under the name of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and J;

1. A complaint and accompanying materials;

1. USB of a recording file at a customer center of a G company;

1. Determination as to the assertion of the defendant and his/her defense counsel on investigation report- the submission of a statement of account transactions by the complainant, the preparation of recording, and each accompanying material

1. The Defendant’s summary of the assertion is delegated by D with respect to credit loans.

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