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(영문) 서울동부지방법원 2018.06.21 2017고단3893
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On August 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court on January 31, 2018.

[2] The Defendant, on April 2017, borrowed money from the financial institution by the introduction of the Defendant from the Gangnam-gu Seoul Metropolitan Government office to the victim D who received the loan from the financial institution by the introduction of the Defendant at the Gangnam-gu Seoul office, Gangnam-gu Office, Seoul around April 2017, he/she would pay the remainder, excluding the amount of money 25 million won needed for the party

“The phrase “ was false.”

However, the Defendant had no special property and income at the time and had a debt exceeding 300 million won, so even if he borrowed money from the injured party, he did not have the intent or ability to pay the money normally.

Around April 24, 2017, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 60,50,000,000 from HK Savings Bank to KRW 33,50,000,000 from HK Savings Bank; and (c) obtained a loan of KRW 27,000,000,000 from 34,44,000,000 from her damage on the same day; and (d) acquired the money under the name

2. On April 24, 2017, at the above Seoul Gangnam-gu Seoul Metropolitan Government 34th floor office, the Defendant introduced the Defendant as above, with the introduction of the Defendant, received a loan of KRW 33.5 million and KRW 27 million from the HK Savings Bank and S S S S S S S S S S S S S S S S S S Ss, respectively, and the Defendant would make a substitute loan from the Defendant at the interest rate lower than that of the company if the Plaintiff “if the Plaintiff would immediately open the new loan company, but the fee is paid.”

“The phrase “ was false.”

However, at the time, the Defendant was promoting the establishment of the F Gangnam branch with E, but the said F was not yet registered as a loan business, and the Defendant was in an economically difficult condition, and the money received from the injured party was thought to be used as debt repayment or living expenses. Therefore, the Defendant did not have any intent or ability to lend the loan to the victim.

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