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(영문) 수원지방법원 성남지원 2017.05.23 2016고단1305
사기
Text

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

Reasons

Punishment of the crime

The Defendant is a person who worked in a savings bank from around 2011 to February 2014 as a member of the sunlight loan business.

On November 2014, 2014, the Defendant calls to the victim B, who is a branch of the Defendant, in a place where it is impossible to know at the Sungnam-si (hereinafter referred to as Manam-si) and “in order to move to another financial institution with a low interest rate of KRW 75 million,00,000,000, which is currently borne by the Defendant, it is necessary to increase the credit rating once

On the other hand, if the SBI Savings Bank borrowed KRW 25 million from the SBI Savings Bank, and send it by borrowing KRW 6,300,000 from the Hyundai Card, it will be able to repay loans from SC Bank and SC Bank and receive a loan at a low interest rate from other financial institutions.

“The phrase “ was false.”

However, in fact, the defendant thought that he/she will conduct a brokerage business to introduce a lending company by recruiting a person who wants to get a loan from online, and there was no intention or ability to allow the victim to obtain a loan at a low interest rate from other financial institutions as well as to receive a transfer of money from the victim to use it as business funds and office expenses.

On November 6, 2014, the Defendant, by deceiving the victim, received money from the victim, under the name of the victim to repay the loans of the victim amounting to KRW 33,40,000,000,000,000 from the SC bank account (Account Number) opened in the name of the Defendant, and around November 11, 2014, from the same account, each transfer of KRW 15,40,000,000 to the same account.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the specifications of transactions by account and the details of each text message;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The Defendant’s crime of this case on the grounds of sentencing selective imprisonment with prison labor.

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