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(영문) 울산지방법원 2014.07.17 2014고단1667

사기

Text

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

Reasons

Punishment of the crime

On July 11, 2013, the Defendant made a false statement to the victim C, a high school, who is a dong-dong, with no knowledge of the trade name in Ulsan-gu Hodong-dong, that “A loan cannot be made any longer under the name of four in order to additionally obtain a loan and to dispose of the loan that was jointly and severally guaranteed. If the Defendant borrowed the loan to a person who received it, then he/she will receive the land within the port of entry as collateral and repay it within three months.”

However, the Defendant did not have any real estate under his name. At the time, the Defendant did not have any intent or ability to repay the loan even if the Defendant borrowed money from the victim, since it was difficult for the Defendant to pay KRW 2.5 million per month due to the fact that the total amount of the debt exceeds KRW 150 million,00,000,000 for monthly repayment of principal and interest, etc., as well as KRW 95,00,000,000,000.

Around July 11, 2013, the Defendant: (a) by deceiving the victim; and (b) had the victim borrow a total of 68,99,000 won from a lending company, such as D companies; (c) received 50,000,000 won from the account in the name of a business bank in the name of the Defendant on the same day as the loan; and (d) received 18,99,000 won from the same account around July 12, 2013

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Details of savings deposit transactions;

1. Application of Acts and subordinate statutes concerning the consolidated loan transaction contract, the substitute loan guarantee contract, each contract, the respective contract of guarantee, the loan agreement, and the detailed statement of transactions;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommendation] general fraud [the grounds for sentencing] and the basic area (6 to 100,000 won) (6 to 100,000 won) of the basic area (6 to 100,000 won) [the decision of sentence] acknowledges the defendant to commit a crime

However, the defendant deceivings the victim of pro-Japanese arrest to make reasonable money from the victim.