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(영문) 인천지방법원 2015.01.29 2014고단6198

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 201, 201, the director E of the injured party L-W-B-D borrowed KRW 50 million from the Credit Guarantee Fund with the defendant's mediation, and around November of the same year, requested the defendant to get the loan of KRW 600 million with the victim's facility fund.

On February 10, 2012, the Defendant called the above E, a director of the victim, and called, “a letter of guarantee must be issued in order to obtain a loan, and the same shall apply to the payment of guarantee fees.”

However, even if the defendant received money from the victim as a guaranty insurance policy, he did not have the intention or ability to receive the loan from the financial institution because he thought to use it as personal living expenses, etc.

Ultimately, the Defendant, as seen above, received money from the victim to the single bank account in the name of the Defendant on the 14th day of the same month in terms of the cost of issuing the surety insurance policy from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. The statement concerning F in the protocol of examination of the suspect against the defendant concerning the prosecution;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement of prosecutorial statement concerning E;

1. Application of Acts and subordinate statutes on police statements in G and E;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) (one month to one year) mitigation area (special mitigation), penalty not to be imposed, or where considerable damage has been recovered [decision of sentence], but under unfavorable circumstances, such as criminal punishment, it is recognized that the crime is committed, the victim has been recovered and expressed his/her intent not to punish the defendant at the investigation stage, the victim has no criminal power except once the fine power, and other defendant's age, character and behavior, family environment, and the family environment.