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(영문) 수원지방법원 안산지원 2017.11.29 2017고정753

사기등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows), and the judgment on March 17, 2017 became final and conclusive.

On November 17, 2015, the Defendant called the victim B (31 tax) at a non-permanent location on November 17, 2015, and called the joint guarantor, “A loan of KRW 20 million in internal price, which would have caused any damage to the Defendant,” and the Defendant would also pay 4 million won as joint and several surety prior to the example.

“The phrase “ was false.”

However, at the time of fact, the defendant did not have any particular income or assets, and was a person with bad credit standing, and was thought to repay other loans with the borrowed money, and there was no intention or ability to repay the loan even if he received the loan.

On November 17, 2015, the Defendant entered into a contract as if the damaged party were a joint and several surety for the Defendant’s obligation of the Defendant, upon receiving a loan of KRW 5 million from each of the Defendant’s future Cref loan, Co., Ltd. loan of KRW 5 million from Co., Ltd. and Non-comfref loan of KRW 5 million from each of Co., Ltd., Ltd., and KRW 20 million, total amount of KRW 20 million from the two Co., Ltd. loan of KRW 20 million. If the Defendant did not repay the Defendant’s loan from each of the above lending companies, the Defendant did not fully repay the Defendant’s loan, even though having explained from each of the above lending companies that the victim should repay the loan as a joint

In this respect, the defendant, by deceiving the victim, acquired economic benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A joint and several guarantee contract and a certificate of deposit confirmation;

1. Previous convictions: Inquiry of criminal history, investigation report (verification of concurrent crimes by the accused), application of summary information-related Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act to attract a workhouse;