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(영문) 서울남부지방법원 2018.05.28 2018고단1263

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2017, at around 08:52, the Defendant applied for a credit loan of 30 million won to the Jinjin Savings Bank Co., Ltd. via telephone from Gangnam-gu, the Defendant confirmed that “the Defendant was able to inquire about the credit of the customer in E-friendly Savings Bank,” from the employee in charge of the victim’s loan examination. However, the Defendant did not incur a new credit in the course of (a) loan.

If "I think that I will simultaneously proceed with a loan to other financial institutions after being asked "I think I will be refused to apply for this loan" and "Ne, I will not."

“The answer was made.”

However, in fact, the Defendant was proceeding to obtain a loan of KRW 20 million from the bank of Ethy-friendly savings on the same day, and the Defendant received a total of KRW 50 million from the bank of Ethy-friendly savings with the victim in arrears with the existing credit card loans, if he/she uses the loan, he/she has no means to repay the loan. Ultimately, on November 28 of the same year, he/she did not have the intent or ability to repay the loan of the victim.

Nevertheless, the defendant, as mentioned above, received 30,000,000 won from the person in charge of lending money to the bank account (C) of the defendant from the person in charge of lending money to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Credit transaction agreement and account transaction records;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Persons subject to special mitigation in the area of mitigation (one month to one year): Where the victim is fully responsible for the occurrence of crimes or the expansion of damage even for the victim, in the area of mitigation (one month to one year) of Class 1 (the scope of the recommended punishment) of the sentencing guidelines: The general grounds for which there is no past record of criminal punishment for the victim: The strong reflectiveness;

2. Determination of sentence: The crime of this case is committed.