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(영문) 전주지방법원 군산지원 2017.09.15 2017고단519
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 4, 2015, the Defendant is not enough to purchase the victim’s real estate in D D dental services operated by the victim C on the second floor of the YY-gu Seoul Special Metropolitan City B.

A false statement was made to the effect that “A loan of KRW 10 million may be lent, as the applicant applied for the loan and only the approval for the loan could be repaid immediately.”

However, in fact, the Defendant received 3.1 billion won from the former bank and paid 15 million won as interest each month, and was thought to use the money for investment in the share of the real estate located in the salary-dong in the former metropolitan branch before he purchased the money from the injured party, and thus, there was no intention or ability to pay the money properly even if he borrowed the money from the injured party.

As such, the Defendant, by deceiving the victim, was transferred KRW 10 million to the bank account in the name of the Defendant on the same day from the victim to the bank account in the name of the Defendant.

2. On June 22, 2015, the Defendant: “Around June 22, 2015, the Defendant has not yet executed the loan to the victim” at the place described in paragraph 1.

It is difficult to accept a loan in the name of Dong student, but it is also difficult to do so.

A false statement was made to the effect that the sum of money previously borrowed to the effect that the loan certificate is used and that the sum of money borrowed exceeds KRW 20 million to be repaid until September 30, 2015.

However, as above, the Defendant did not have any economic condition due to loans owed to the previous North Bank, and was willing to use the money to substitute the insurance premium of other insurance customers by lending it from the damaged party, so there was no intention or ability to pay it properly even if he borrowed the money from the damaged party.

As such, the Defendant, by deceiving the victim, was transferred 20 million won under the name of a single bank account under the name of the Defendant on the same day from the victim.

3. The Defendant is the victim at the place specified in paragraph (1) around December 10, 2015.

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