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(영문) 서울중앙지방법원 2016.10.11 2016고단4405
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[2016 Highest 4405] The Defendant borrowed 40 million won from a bank in around 2014 to make an investment in stocks, but after which the Defendant suffered losses, he/she got a loan from credit service providers to increase the debt of banks up to 70 million won.

However, since interest and commission accrued at each time of loan, around November 2015, the debt amount was reached in total of 300 million won, and the credit service provider's demand was instructed until the repayment was paid, it was committed as if the loan was made only to banks, and it was in mind to borrow money from the credit service provider and to pay off the debt to the existing service provider first.

On November 19, 2015, the Defendant made a false statement to the victim C that “When the Defendant borrowed money to repay 70 million won for an existing financial right loan obligation, the Defendant would repay the borrowed money after the month when he/she received a new loan.”

However, in fact, the Defendant, including the loan of financial rights, reached a total of KRW 300 million and gave instructions to the credit service provider for repayment. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to receive a new loan from the bank to repay the loan to the victim.

Nevertheless, as above, the Defendant deceiving the victim and received KRW 6,00,000 from the victim’s account (Account Number D) in the name of the Defendant on the same day, and deceiving the victims by the above method from December 15, 2015, such as the entry in the list of crimes in the attached Table, and obtained the payment of KRW 219,105,99, total sum from three victims.

The defendant of "2016 Highest 4567" shall be the victim E on March 2016.

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