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(영문) 의정부지방법원 2017.06.16 2017고단576

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 2016, the Defendant made a false statement to D Private Teaching Institutes located on the fourth floor of the Gangnam-gu Seoul Metropolitan Government building, stating that “It is difficult to use a high interest loan of KRW 30 million in addition to the current financial rights, in addition to the current financial rights of KRW 1,000,000,000,0000 for the existing high interest loan by obtaining a loan of KRW 30,000 from the main office of the joint and several surety, and to repay KRW 45,00,000,000 for the loan of KRW 30,000 and KRW 30,000,000 that he/she received a joint and several surety, and to repay the loan at a low interest rate within three months.”

However, in fact, the defendant did not have any property that has been subject to a debt equivalent to 120 million won, such as financial rights, and not only did he have any property but also used the loan and loan as a stock investment and a debt equivalent to the above 120 million won, so there was no intention or ability to repay the victim's joint and several liability and loan.

Around April 18, 2016, the Defendant deceptioned the victim as above and caused the victim to stand jointly and severally with the Defendant’s debt to six lending businesses, including the loan. Around April 18, 2016, the Defendant received KRW 37 million from the same victim to the account in the name of the Defendant and received KRW 67,77 million in total from the same victim to receive KRW 37,77 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. The grounds for sentencing under Article 347(1) of the Act on the Punishment of Criminal Crimes and Article 347(1) of the Criminal Act for the Selection of Punishment [the scope of recommending punishment] [the scope of recommending punishment] There is no person who has a basic area (from June to January 6) [the person who has a special sentencing sentencing] [the decision of sentencing] [the circumstances after committing the crime, such as the scale of damage, the method of crime, the relationship with the victim, the relationship with the victim, the contact with the victim, and the application for individual rehabilitation, the damage has not been completely recovered until now, and efforts for recovery of damage has not been observed.