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(영문) 창원지방법원 밀양지원 2017.04.13 2016고단654

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around November 27, 2015, the Defendant made a false statement to the victim D, “In the office of Jung-gu Seoul Metropolitan Government C Building 601, the Defendant would not be entitled to receive a loan to pay money, so that the Defendant would not cause any damage to the lender by necessarily paying money if he/she receives a loan from the lending company.”

However, in fact, since the defendant was liable for a debt of approximately KRW 70 million and the interest of financial institutions was paid at least KRW 1.2 million at the time, the victim had no intention or ability to pay the debt even if he borrowed money from the lending company by providing joint and several sureties.

Nevertheless, from November 27, 2015 to December 1, 2015, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 2400,000,000 in total from eight lending companies (hereinafter “FE”) from around November 27, 2015, to around August 1, 2015 (hereinafter “FE”) ; (c) LF lending Co., Ltd.; (d) LF lending Co., Ltd.; and (e) LF lending Co., Ltd.; (e) LF car lending; (e) LF car lending Co., Ltd.; (e) LF lending Co., Ltd.; (e) LF lending Co., Ltd.; (e) loan of KRW 3 million; (e) loan of KRW 100,00,000 from KRW 3 million; and (e) the Defendant acquired pecuniary benefits

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The prosecutor indicted the crime under the premise that the crime was in the concurrent relationship under the former part of Article 37 of the Criminal Act with respect to the pertinent legal provision as to the crime and Article 347(1) of the Criminal Act (including the crime). However, the singleness and continuity of the defendant's criminal intent as to the crime in the judgment can be recognized, and the victim is the same as the victim, which constitutes a single comprehensive crime

It is reasonable to see as follows:

The reason for sentencing of the sentence of imprisonment [the scope of the recommended sentence] General Fraud (less than KRW 100 million) is that there is no basic area (one to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] [the amount of damage].