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(영문) 청주지방법원 2016.10.06 2016고단849
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On January 29, 2015, the Defendant: (a) purchased the Victim One Capital Co., Ltd. at a high altitude, and (b) made an application for a loan of KRW 14 million; and (c) submitted to the Victim One Capital Co., Ltd., a written application for a loan of KRW 14 million; and (b) submitted the written agreement to the Victim One Capital Co., Ltd.; (c) entered the “C English Private Teaching Institute” and the “D” in the column of the workplace telephone number.

However, the Defendant, as an employee of an entertainment drinking house, did not have worked in the above English language research institute, and the above vehicle did not have the intent or ability to repay the above loan even if the Defendant was given a loan from the victim, because the Defendant did not intend to normally operate the vehicle.

The Defendant had the victim transfer the above loans of KRW 14 million to the new bank account in the name of E on the same day.

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

2. On January 30, 2015, when the Defendant applied for a loan by telephone to the victim LOCF Co., Ltd., Ltd., the Defendant made a false statement that “B is receiving monthly benefits while working in the Korea English Research and Development Institute, 300,000 won a monthly payment period of 60 months per week.” However, the Defendant did not have worked in the English Research and Development Institute as stated in the foregoing 1., and did not have any intention or ability to repay the loan due to any lack of any particular income.

The Defendant received three million won from the victim to the national bank account in the name of the Defendant on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement related to F and G;

1. Each complaint;

1. A copy of the application for a secondhand debate, agreement on the secondhand debate, etc.;

1. Application of Acts and subordinate statutes on deposit of loans;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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