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(영문) 서울북부지방법원 2018.05.11 2017고단3274
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 18, 2016, the Defendant made a false statement to the victim E “D” page located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, stating that “I would lend money that needs travel funds to the victim E until September 3, 2016.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the damaged party due to the situation that the defendant had been unable to repay the debt of KRW 14 million at the time.

As such, the Defendant, by deceiving the victim, received KRW 2.7 million on the same day as the borrowed money from the injured party, and continuously acquired the total amount of KRW 5,230,000 on July 22, 2016, KRW 150,000 on August 29, 2016, KRW 10,000 on September 7, 2016, KRW 1080,000 on September 201, and KRW 30,000 on September 20, 2016.

2. On November 17, 2016, the Defendant attempted to grant a loan through F, an employee of the lending company, at a place where the exact location is unknown, and the Defendant, either directly or through F, attempted to contact the victim E by communicating with the Defendant directly or through F, and “I wish to obtain a loan due to the mother’s expenses, but will not cause any damage by discharging his/her obligations with the guarantor.”

However, even if the injured person gives a guarantee or obtains a loan in the name of the injured person, the accused was thought to use it for any purpose other than the mother-friendly hospital expenses of the accused, and there was no intention or ability to repay the loan.

The Defendant, by deceiving the victim, had the victim borrow KRW 30 million from the SBI Savings Bank, and acquired the total amount of the loan on the same day.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Entry of part of the witness E in the third public trial protocol;

1. Details of the investigation report (Submission and Report of Data No. E) and Kakao Stockholm;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of criminal facts (each of them);

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