beta
(영문) 수원지방법원 2015.10.21 2015고단3724

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 17:40 on August 12, 2013, the Defendant submitted a letter to the effect that “In the event there is no application for a loan to another financial institution and there is an implementation of a loan with another financial institution from five business days before the enforcement to fifteen business days after the enforcement of the loan, the Defendant shall immediately repay the loan to the victim E at the victim future life insurance D branch located in Mapo-gu Seoul Metropolitan Government.”

However, on the same day, the Defendant had already applied for a loan to the Bank, Korea Standards, etc., and there was no intention or ability to repay even if he received a loan from the victim company even if he received a loan from the victim company, because it was in excess of his obligation such as paying the existing debt to the lending company, and paying a fee of KRW 500,000 to the lending company.

Around August 13, 2013, the Defendant, by deceiving E, received KRW 25 million from the victim company to the Defendant’s account, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;