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(영문) 대구지방법원 김천지원 2018.02.26 2018고정1

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 3, 2017, the Defendant applied for a loan by phone to the victim (the victim) who is located in the 652-ro Y of Gangnam-gu Seoul, Gangnam-gu, Seoul, to a staff member of the Hyundai Savings Bank, who is located in the name of Hyundai Savings Bank, and intends to use it as the fund for house purchase.

There is no same kind of loan at any other place.

“The purport was to the effect that “.....”

However, at the time, the Defendant was thought to use the borrowed money to invest in stocks, applied for a loan at the same time to HK Savings Bank including the Victim Bank and JT-Friendly Savings Bank, and all the recipients of the loan did not have the intention or ability to repay the loan normally by investing in stocks.

Nevertheless, the defendant deceivings the employees in charge of loans belonging to the victim as above, and he obtained a total of KRW 15,000,000 from the victims as loans.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on investigation (a written statement appended to a criminal complaint);

1. Reporting of investigation results, plans for reimbursement, and application of Acts and subordinate statutes on the list of individual rehabilitation creditors;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as ordered shall be determined in light of the overall circumstances, such as the violation of the Criminal Procedure Act when committing a crime under Article 334(1) of the Provisional Payment Order Act, the fact that the injured party does not want the punishment of the defendant in agreement with the injured party after the prosecution, and the first offender, etc.