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(영문) 인천지방법원 2017.07.14 2017고단2048

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 5, 2016, the Defendant paid the interest of 20.20% per annum on July 21, 36 months to an employee of the savings bank in consideration of the victim's name and influence at a non-fluence place on July 5, 2016, and paid the principal in a lump sum on the maturity date.

“False speech was made to the effect that it was “.”

However, at the time, the Defendant had the obligation of several million won, and there was no intention or ability to repay the loan because it was scheduled to obtain a loan from other lending companies than the victim bank.

Around July 7, 2016, the Defendant received KRW 30 million from the victim bank to the account in the name of the Defendant (National Bank C) around July 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints of savings banks considering stock companies;

1. An agreement on credit transactions, inquiry of details of transactions, and application of Acts and subordinate statutes for credit inquiry;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [type of determination] : Class 1 (under KRW 100,00) of the general fraud [person subject to special sentencing] - Where the penalty is not imposed or considerable damage has been recovered, [the scope of the recommended punishment] mitigated area / one month to one year [the scope of the recommended punishment] mitigated area / Reduction of one year [the person subject to general sentencing] mitigated element: In cases where there are purposes, such as basic livelihood and medical expenses, etc., a serious reflect;

2. Whether to suspend the execution [main reasons] - positive: Where the scale of substantial damage is considerably small, or where substantial damage is recovered (where the amount of damage not finally recovered is less than 50 million won) - positive reasons - positive cases: In cases where basic livelihood, medical expenses, etc. are for basic livelihood and medical expenses, there is no serious reflect, or criminal records of not less than the suspension of the execution.

3. The defendant who has rendered a sentence shall obtain a loan from the victim bank without any intention or ability to repay, and damage the loan;