beta
(영문) 대전지방법원 천안지원 2016.10.20 2016고단1667

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around July 3, 2015, the fraud Defendant made a false statement to the victim D, who is a workplace partner, in the Onnuri Tech Dormitory Co., Ltd., Ltd., the Defendant worked for the Defendant as 6, Seocheon-gu 3 Industrial Complex, Seocheon-gu, Seocheon-gu, 36-9, with the purport that “In case of receiving a loan due to the shortage of money by the credit rating of his/her parents in Seoul, it is necessary for a joint guarantor, and if he/she becomes a joint guarantor, he/she will faithfully pay interest and complete payment of principal as circumstances may arise.”

However, even if the Defendant borrowed money from the victim, he did not have any idea to send money to the parent, and was thought to consume money due to the repayment of existing loans or living expenses, etc., and had no intention or ability to repay the loan because of excessive debts compared to the revenue.

The Defendant, by deceiving the victim as above, got the victim to borrow KRW 5,00,000 from the company for the loan for the sofinium loan to be a joint guarantor, thereby acquiring property profits equivalent to the same amount as well as obtaining a total of KRW 71,685,610 from October 22, 2015 from that time until October 22, 2015, as shown in the attached list of crimes.

2. Around April 22, 2015, the Defendant, at the “F” coffee shop located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, received a request for safekeeping of KRW 7.5 million in cash from a lending company from the victim G and kept it for the victim’s account in H’s name, and embezzled it by voluntarily withdrawing it on April 23, 2015 and consuming it as stock investment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to D and G;

1. Application of Acts and subordinate statutes to each item of transactions by a national bank, new bank account statement, loan contract, loan certificate, and deposit transaction statement;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

참조조문