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(영문) 창원지방법원 2015.06.11 2015고단641

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On December 16, 2013, the Defendant made a false statement to the effect that “If he/she lends money with a loan by taking a house as security for Don's apartment, he/she will operate the principal and interest interest-free vehicle business and repay the loan up to October 31, 2014,” at the Hancheon Lifelong Office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.”

However, at the time of fact, the defendant was in the process of being nominated in the case of separate fraud and the debt amounting to one billion won, and there was no intention or ability to repay even if he borrowed money from the victim.

The Defendant, by deceiving the victim as such, had the victim borrow an apartment as security, and then obtained the victim a sum of KRW 150 million on the same day, KRW 25 million on the same day, and KRW 180 million on the 17.25 million on the same month, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of Q Q;

1. A complaint;

1. An application for personal loan, a copy of a loan transaction agreement, and a copy of a credit transaction agreement;

1. A list of transactions of self-reliance deposits;

1. Detailed statement of the results of transfer by deposit account;

1. Application of Acts and subordinate statutes to certificate all registered matters;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selecting a sentence of imprisonment with prison labor [the range of recommending punishment] General Fraud (the range of recommending punishment shall be 10 million won or more, and less than 50 million won) and the basic area (one to four years) [the decision of sentencing] [the decision of sentencing] 10 months (the above recommended punishment shall be imposed more minor than the above recommended punishment in comprehensive consideration of the details and methods of committing the crime, the amount of fraud, the equity between the case where the decision was made together with other cases of the same kind in which the appellate court