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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
On November 22, 2017, the Defendant made a false statement to the effect that “The Defendant would change the name of the debtor to the Defendant after obtaining a loan from the lending company in the name of the victim and transferring the loan to the Defendant,” by putting the phone to the victim B at an unsound place.
However, in fact, the Defendant was liable for a financial institution above KRW 50 million without any particular property or fixed income at the time, and the Defendant was unable to obtain any additional loan due to the Defendant’s credit, and thus, there was no intention or ability to change the name of the debtor or to repay the loan.
As above, the Defendant, by deceiving the victim, had the victim borrow 28 million won from the C Bank, and then received money from the D Bank account (Account Number: E) in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement made by a defendant in part of the fifth trial record (a statement to the effect that money borrowed in the name of a victim is remitted from a victim) in the fifth trial record;
1. Legal statement of the witness B;
1. Statement of the police statement concerning F;
1. The defendant alleged that at the time of the crime of this case, at the time of the crime of this case, the defendant was aware that the loan was executed under his name, and that there was no intention to deception or deception by deceiving the victim. However, according to each of the above evidence, the defendant was aware of the fact that the loan was executed under the victim's name from the beginning, and in such a situation, the defendant had the victim enter into a loan agreement by making the victim enter into a loan agreement with his own name and then had the borrower transfer the loan to himself. In light of these facts, the defendant's fraud is recognized.