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(영문) 서울남부지방법원 2013.08.13 2013고단596
사기등
Text

The defendant is sentenced to two months of imprisonment with prison labor for each crime of violation of electronic financial transaction law, victim C, D, and E.

Reasons

Punishment of the crime

[2013 Highest 596] On May 27, 2011, the Defendant was sentenced to a suspended sentence of two years on June 4, 201, by imprisonment with prison labor, etc. at the Jeonju District Court, which became final and conclusive on June 4, 201.

Although the Defendant did not have the intent or ability to provide a loan, the Defendant made a false statement that he would provide a loan to the person who intends to obtain the loan, received money in advance and in the name of the loan, and acquired a total of 1,095,000 won from the six victims as follows.

1. On October 16, 2012, the Defendant: (a) reported the Internet comments that he/she would give a loan to the Defendant; and (b) falsely stated that “1,50,000 won is deposited at KRW 135,00,000 in advance to the Defendant’s bank account (G) in the name of the Defendant; and (c) received KRW 135,000 from the Defendant.”

2. On November 19, 2012, the Defendant reported the Internet comments that he would give a loan to the Defendant and received a remittance of KRW 135,000 from the victim H to the new bank account (I) in the name of the Defendant on the day on which he/she transferred the amount of KRW 135,00 to the victim H, who called “I would give a loan to KRW 1,50,000 on the first day, if he/she wired the amount of KRW 135,00 on the first day.”

3. On December 5, 2012, the victim J made a false statement to the victim J that “a request to deposit KRW 150,000,000 with a prior interest rate of KRW 150,000,000 to lend KRW 2,000 to the Defendant’s bank account (K) in the name of the Defendant.” The victim J received KRW 150,000 from the victim on the day.

4. On January 11, 2013, the Defendant reported the Internet comments to the Defendant that he would give a loan at an irregular site, and falsely stated that “the Defendant shall transfer KRW 135,000 to the Victim L who sawd a telephone to the Defendant amounting to KRW 2,00,000.”

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