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(영문) 울산지방법원 2018.03.14 2017고단4141

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 8, 2017, at a place where it is impossible to know the place, the Defendant would make a repayment to the name and influence counselor of the Hyundai Savings Bank in the name of the victim's Hyundai Savings Bank for the amount of KRW 50,000,000,000, which is the place of business required for marriage funds of his/her husband.

At present, the term “no case is currently being applied for a loan to another financial institution” was false.

However, the defendant thought that he will use the money borrowed from the injured party for the repayment of the existing individual loan of KRW 35 million, not for the marriage of his children. On the same day, three financial companies including C and D were making concurrent loans of KRW 130 million in total from the injured party companies, including C and D, and the amount of the principal and interest of the existing debt is already spent at least KRW 10 million in the month in which the principal and interest of the existing debt are paid. On the other hand, the Hyundai Motor Vehicle Development Bank, currently in office, did not have the intention or ability to pay the money normally even if it is expected to retire from the injured party, even if it is received from the injured party.

The defendant deceivings the victim as above and acquired the money from the victim to the defendant's bank account on the same day by remitting the amount of KRW 50 million in the name of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints and accompanying documents;

1. Application of Acts and subordinate statutes to an inquiry report into NE Credit Information;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances favorable to the following grounds for sentencing)

1. Where the victim has a considerable responsibility for the occurrence of a crime in the area of mitigation (one month to one year) in the area of mitigation (one year from January to one year) of Class 1 (the scope of recommended punishment) of general fraud;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable circumstances: A financial institution that makes a statement that confessions and reflects in depth.