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(영문) 광주지방법원 순천지원 2017.06.02 2017고단209

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 4, 2016, the Defendant extended a loan to a counselor who is unable to know the name of the Hyundai Savings Bank due to telephone conversations at the parking lot B of the building B in leisure city on February 4, 2016.

The loan of KRW 49,00,000 per month was made by means of a false statement to the effect that the principal will be repaid by paying interest of KRW 1,12,540 per month for a year, since the loan of KRW 49,00,00 is not in progress with other financial rights.

However, in fact, the defendant only intended to use the money borrowed from the damaged person for the repayment of the existing loan, not the house purchase fund, and was engaged in the loan simultaneously from the savings bank located in the location other than the victim, and there was no specific property from 395 million won at the time to 395 million won and there was no intention or ability to repay the money even if he received the loan from the injured person.

The Defendant received 49,000,000 won from the damaged person to the Agricultural Cooperative Account (C) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are not a large amount of damage, the damage has not been recovered, while the defendant has no criminal conviction or imprisonment without prison labor or any heavier punishment, the defendant's age, sex, family relationship, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by comprehensively taking into account.