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(영문) 의정부지방법원 고양지원 2017.10.17 2017고단1338
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 9, 2015, the Defendant lent KRW 20 million to C in the name of the owner and the owner and the owner and the owner and the owner were the joint and several surety contract for the above debt.

At the end of August 2016, the Defendant has a debt equivalent to KRW 60 million, including a joint and several debt amounting to KRW 20 million borne by width, to the victim D at the end of the year of the end of August 2016, and all of the loans are high interest rate loans.

C. Around October 27, 2016, Her’s credit extended KRW 60 million to the effect that Her’s credit is fine, and the credit is repaid to Per’s credit, and the credit is recovered at a low interest rate.

However, in fact, the Defendant did not have any intent or ability to recover credit as promised with the victim until October 27, 2016 and borrow money from the victim at low interest because the Defendant had to obtain additional loans for living expenses, leakage, marriage funds, etc.

Nevertheless, on September 6, 2016, the Defendant: (a) received a false statement from the victim; (b) obtained a loan of KRW 30 million from the Smart Savings Bank Co., Ltd.; and (c) JT-Friendly Savings Bank Co., Ltd.; and (b) received KRW 15 million from the lending company designated by the Defendant on the same day; and (c) KRW 5 million was transferred to the new bank passbook in the name of the Defendant around September 7, 2016 to the new bank passbook in the name of the Defendant; and (d) KRW 40 million was transferred to the new bank passbook in the name of the Defendant around September 13, 2016.

Accordingly, the defendant acquired a total of 60 million won from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. Each letter, a loan certificate (the defendant and the defense counsel denied the criminal intent of deception and deception, but it is recognized by the evidence duly adopted and investigated by this court.

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