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(영문) 수원지방법원 성남지원 2017.02.16 2016고단2925

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 18, 2013, the defendant needs to be a guarantor to borrow money from the lending company to the victim at the victim D's house located in Gwangju City around February 18, 2013.

The term "the Joint and Several sureties who will repay the loans within two months by arranging the current store in the Dong business and making a false statement."

However, at the time of fact, the defendant was not allowed to work together, the personal debt of the defendant was 40 million won, and most of the monthly wages was paid as a joint guarantor by the victim, and there was no intention or ability to pay the loan normally even if the victim was jointly and severally liable for the loan.

Nevertheless, the defendant deceiving the victim as above and caused the victim to be jointly and severally surety, and on the same day, the defendant acquired the same amount of money as property interest by having the victim bear the joint and several surety liability amounting to KRW 3 million from the Hyundai Savings Bank, KRW 13 million from the UN Savings Bank, KRW 10 million from the Sejong Savings Bank, KRW 5 million from the money lending, KRW 5 million from the money lending, KRW 5 million from the money lending loan, KRW 5 million from Dancom, KRW 41 million from the money lending, and KRW 5 million from the money lending, KRW 5 million from the money lending, and KRW 41 million from the money lending.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including DNA statements);

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of credit transaction agreements (application), confirmation of exemption from guarantee, application of Acts and subordinate statutes on loan information;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., reflects the fact that there are no criminal records of the same kind, the defendant is undergoing the individual rehabilitation procedure, and the defendant is an agreement with the victim);