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(영문) 의정부지방법원 2017.11.23 2017고단1794
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2015, the Defendant settled the Defendant’s 4 financial right loans (the total amount of KRW 15 million) against the Defendant’s home of the Defendant’s apartment complex D, which he/she obtained a loan from the second financial right in his/her name, against the victim C, and then transferred the name of the Defendant under the name of the second financial right loan holder to prevent damage to thener.

“A false representation was made.”

However, even if the defendant receives money from the injured party, the defendant did not have the intention or ability to avoid the position of joint and several guarantor by repaying the debts for the 4 financial rights loan, and there was no intention or ability to transfer the name of the debt that the injured party received to the defendant.

The defendant deceivings the victim as above and caused the victim to borrow a total of KRW 25,40,000 from three places of loan companies, such as the Savings Bank, etc., taking into account, and then acquired money by cash from the victim on March 16, 2015.

2. On August 7, 2016, the Defendant loaned KRW 1.5 million to the victim from the “F” head office, “F,” in which the Defendant was operated by the Defendant in Ma, from the Government-Si, “F” heading on the face of the Defendant, to pay back the amount of KRW 1.5 million to the Defendant.

“The phrase “ was false.”

However, from the beginning, the Defendant was thought to repay other personal debt, not the value of the chill materials, and did not have the intent or ability to pay the money to the victim by the next day.

Around August 7, 2016, the Defendant deceivings the victim as above and acquired 1.5 million won from the victim to the G corporate bank account designated by the Defendant as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A certificate of borrowing and details of deposit transactions;

1. Each credit transaction agreement;

1. Details of each account transaction and details of transactions;

1. Contents of a Kakao Kakao Stockholm therapy and a Kakao Kakao Stockholm dialogue;

1. Loans;

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