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(영문) 대구지방법원 김천지원 2016.09.07 2015고단1525

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was aware of the victim F while working in Gumi-si E, and the defendant was given a loan of 80,000,000 won from 8 Jeju JP Investment loan, etc., and had the victim stand a joint and several surety.

Around July 20, 2015, the Defendant made a false statement to the victim within the foregoing E Company that, “On the face of a State with a loan under the name of four, four existing loans have been repaid in the form of joint and several sureties, and then transferred the loan under the name of four to prevent any further damage.”

However, at the time, the Defendant was more than KRW 60,00,000 for additional loans than KRW 80,000 for the Defendant’s joint and several sureties, and the amount borrowed under the name of the victim was not to be repaid under the Defendant’s name, but to be used for the Defendant’s interest payment, personal living expenses, and the amount of damage to the Defendant’s crime of Bosing, etc., even if the Defendant received the loan from the victim, the Defendant did not have the ability to handle the transfer of the amount borrowed by the victim under the name of the Defendant.

The Defendant received 7,00,000 won in total from the victim to the account of community credit cooperatives in the name of the Defendant on July 21, 2015, including KRW 55,000,000 and KRW 22,00,000 on the following day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Inquiry into the details of transactions of community credit cooperatives, the details of new banking transactions, and the Kakao messages;

1. Application of Acts and subordinate statutes on details of trade in corporate bank accounts and details of trade in agricultural bank accounts;

1. The relevant statutory provisions Article 347(1) of the Criminal Act regarding criminal facts, the reason [the scope of recommendations] for sentencing choice of imprisonment with prison labor [the scope of recommendations] general fraud, where the area of aggravation (1 to 2 years and 6 months) (1 to 100 million won) is increased (1 to 100 million won): Where serious damage is caused to the victim.