beta
(영문) 수원지방법원 2016.09.22 2016고단4704

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, and one month of imprisonment with prison labor, and completed the execution of the sentence on April 3, 2015.

On August 26, 2015, the Defendant applied for a loan with a period of 10,180,000 won, interest rate of 19.9% per annum, and 48 months with respect to the purchase of a car by using the name of the father of the Defendant’s father at a non-us capital company at around 16, 2015, and received KRW 1,80,000 as a loan.

However, in fact, BA, the father of the defendant, only lent his name to the defendant, and did not know about the purchase of the vehicle and the loan properly, and the defendant did not have any particular property or occupation, and even if he was given a loan from the injured party due to the bad credit standing amounting to KRW 15 million, he did not have an intention or ability to pay it properly.

Nevertheless, the defendant deceivings the victim as above, and he received 11.8 million won as a loan from the victim and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of the police against BA;

1. Complaints and applications for loans;

1. Previous convictions: Results of inquiry about criminal history, current status of personal confinement, application of Acts and subordinate statutes reporting criminal investigations;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing guidelines [type determination] There is no type of fraud, general fraud, or type 1 (less than KRW 100 million) [the territory of recommendation and the sentence of recommendation] [the territory of recommendation and the sentence of recommendation], June -1 year and six months;

2. Determination of sentence: The defendant in April of imprisonment recognized facts and repented his mistake; and

On the other hand, the defendant deceivings the victim and defrauds the 11.8 million won.

In addition, the crime of this case was committed during the period of a repeated crime and the damage was not recovered.

In this respect, the responsibility is important.

. The above.