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(영문) 대구지방법원 김천지원 2017.11.16 2017고단733

사기

Text

A defendant shall be punished by imprisonment for four 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 May 23, 2017, the Defendant was sentenced to a suspended sentence of three years on the one and half years of imprisonment for fraud in the Daegu District Court Kimcheon support on May 23, 2017 and the judgment became final and conclusive on May 31, 2017.

On July 13, 2016, the Defendant borrowed money from the Defendant’s employees of the Defendant’s loan company with the amount of KRW 20 million on a loan account of the victim M.S.’s loan of KRW 20 million. In short, the Defendant made a false statement as if the principal and interest were to be repaid.

However, the Defendant, without any particular property at the time, had C borrow a total of KRW 168 million from No. 2 financial rights, such as the Savings Bank, and failed to borrow and repay it. D had a debt amounting to KRW 50 million, KRW 20 million, KRW 50 million to E, KRW 50 million, and KRW 288 million, and KRW 288 million to F, but it was difficult for the Defendant to repay the debt as above without any specific income due to the lack of good conduct in the shipbuilding industry.

In addition, the fact that the above loan was introduced by the broker's introduction was intended to lend an amount equivalent to KRW 14.5 million on the same day from the second financial right such as a savings bank, etc., but the victim corporation did not notify the fact of the application for the loan to another second financial right, and the defendant did not have the intention or ability to repay even if he received the loan from the injured party.

Nevertheless, the defendant deceivings the victim as above and took over the money of KRW 20 million on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Loan transaction contract, remittance details, corporation-related documents, submission of documents at the time of application for loan, documents on application for loan, transaction details, financial transaction details, and loan details;

1. Investigation report (the details of prosecutor's direction), investigation report (the confirmation report of the case pending trial of the suspect), investigation report (the report accompanied by the credit information inquiry report);

1. A previous convictions: a reply to inquiries about criminal history data (A) and a previous conviction of a disposition.