beta
(영문) 서울동부지방법원 2017.04.26 2016고단4138

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

Defendant around August 13, 2015, at the loan office of 947, 701, Seoul Special Metropolitan City, Seoul Special Metropolitan City-based, New-ri Loan office of ASEAN, Inc., Ltd., the victim C needs to pay money to the victim as a living fund due to personal circumstances.

Along with this, it was false that the loan could be repaid to the public, and that the joint and several surety is changed.

However, in fact, the Defendant did not have assets under the name of the Defendant as the bad credit holder, and was subject to provisional attachment at monthly wage in excess of KRW 28 million, such as credit card payments, and was in progress due to excess of the above debts, and thus, the Defendant did not have any intent or ability to repay the money even if the Defendant borrowed money from the lending company by designating the victim as a joint guarantor and borrowing the money from the lending company.

Nevertheless, the Defendant, by deceiving the above victim, borrowed KRW 20 million in total from the above victim’s loan in the name of the Defendant, the amount of KRW 5 million in total from the loan of New Daily Co., Ltd., Dice loan, E Posco loan, and KONP loan, and the KONP loan, respectively, and had the said victim stand a joint and several surety, and then had the said victim repay it on his behalf, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C Statement Protocol Acts and subordinate statutes

1. Article 347 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 37 and 38 of the Criminal Act aggravated concurrent crimes [the scope of recommendations] and Article 38 of the Act on the Punishment of Concurrent Crimes: (a) There is no basic area (from June to one year and six months) (a person who is subject to special sentencing] (a decision of sentencing] (a decision of sentencing six months].