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(영문) 수원지방법원 2020.04.24 2019고단7934
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 2, 2018, the Defendant: (a) committed fraud on February 2, 2018, to the effect that “The Defendant was changing the inside money to the victim D within the office of the “C” company located in Jincheon-gun, Jincheon-gun, Jincheon-gun; (b) the principal and interest of the loan was paid in the name of the principal and interest of the loan to the victim D.

However, the defendant did not have an intention or ability to repay even if he/she received a loan under the name of the above victim, such as where the account in the name of the defendant is suspended due to a number of debts and the benefits are seized.

As above, the Defendant, by deceiving the victim, had the victim take out a loan of KRW 10 million from the E Bank around February 7, 2018, and had the victim take out a loan of KRW 10 million from the E Bank to the F Bank account (Account Number: G) in the name of the Defendant on the same day. On February 8, 2018, the Defendant took out a loan of KRW 4 million from the F Bank account in the name of the Defendant, and transferred the victim to the said F Bank account on the same day. On February 8, 2018, the Defendant took out a loan of KRW 4 million from the victim to the said F Bank account. On the same day, the Defendant received a transfer of KRW 19 million from the victim to the said F Bank account on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 2018, 2018, the Habman Defendant made a false statement to the effect that “The Defendant, within the office of the company listed in paragraph (1) on August 2018, 2018, obtained a loan from an E bank under the name of the E bank, repaid the existing loan, and remitted the difference to B. This is also wholly responsible and repaid.”

However, as stated in Paragraph 1, the Defendant was unable to pay the principal and interest of the loan borrowed in the above victim’s name for a few months, and even if he was given a loan under the above victim’s name, there was no intention or ability to repay the loan even if he was given a loan under the above victim’s name.

As above, the Defendant deceivings the victim and let him/her belong to it.

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