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(영문) 수원지방법원 안산지원 2014.09.24 2014고단1195

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 14:30 on November 26, 2012, the Defendant concluded a credit loan agreement with the employees in charge of loans from the victim SSC Capital Co., Ltd. and the employees in charge of loans from the victim ESC Capital Co., Ltd. and the Defendant to pay KRW 864,000 per month every four years when he/she borrowed KRW 24 million.

However, in fact, the defendant was thought to settle down in Canada after he retired from his job, and the above loan was thought to be used as a living expense in Canada, and even if he received a loan from the victim company, he did not have the intent or ability to repay the loan.

Nevertheless, around November 27, 2012, the Defendant received 24 million won as a loan from the victim company to the Agricultural Cooperative (B) account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Status of individual entry or departure;

1. Application of Acts and subordinate statutes to details of transactions, application for personal credit loan, certificate of employment, and remittance statement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., a relatively minor damage, support for a wife and a young child in a situation in which the defendant is economically difficult, there is no record of criminal punishment or criminal investigation against the defendant, and the fact that the defendant recognized the defendant's mistake and reflects

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;