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(영문) 서울남부지방법원 2018.03.13 2017고단5592

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant applied for a loan of KRW 20 million to an employee of the victimized Company's name and in the KON-based Loan Office, which had been about 30-gil 28,201, Guro-gu Seoul, Seoul, for a loan of KRW 28,000,000,000, by taking the claim for the refund of the deposit.

However, the defendant did not have a claim for the return of the deposit because he received the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the lease from the lessor around August 10, 2016.

The Defendant was transferred KRW 20 million to the IBK Bank Account (B) in the name of Defendant on the same day through an employee who was not in the name of the victimized company.

Accordingly, the defendant deceivings employees of the victimized company, thereby acquiring property benefits equivalent to KRW 20 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, a certificate of confirmation of remittance, a statement of deposit, and a loan transaction contract;

1. Application of Acts and subordinate statutes to a report on investigation, and a written confirmation of refund of security deposit;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (Fraud and Selection of imprisonment);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. A person shall be punished by imprisonment with prison labor, considering the fact that he/she committed a crime under a secret plan, such as entering into a formal lease contract with the aim of obtaining a loan for the reason of sentencing under Article 62-2

Provided, That the punishment shall be determined as ordered by taking into account the size of fraud, partial recovery of damage, the character and conduct, age, and history of punishment of the defendant.