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(영문) 광주지방법원 2014.08.14 2014고단1434
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant made a false statement to the employee in charge of the victim’s future life insurance company in the victim’s future life insurance center office in Gwangju-gu, Seo-gu, Gwangju-gu, Gwangju-gu, the Design Center, stating that “If the Defendant borrowed KRW 30 million to another financial institution, the principal will be repaid without a molding one year thereafter.”

However, on July 25, 2013, additional loans of approximately KRW 100 million, including KRW 34,44 million, KRW 10,100,000 to Nonghyup Bank on July 26, 2013, KRW 30,000 to the New Bank, KRW 25,650,000 to HK Mutual Savings Bank, and KRW 100,000,000 to HK Mutual Savings Bank. At the time, Defendant’s annual payment was only about KRW 41,00,00,000, and there was no intention or ability to repay the loans from the victim.

On July 26, 2013, the Defendant received property from the victim by deceiving the victim by receiving the remittance of KRW 30 million under the name of the loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of the Acts and subordinate statutes stated in the application for loan transaction and the written agreement of loan transaction;

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

1. The scope of recommendations for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is the basic area of general fraud type 1 (less than KRW 100 million): The defendant is unable to repay the amount of fraud of this case from 6 months to 1 year and 6 months. However, the defendant's failure to repay the amount of fraud of this case, which resulted in this case while preventing the defendant from returning his so-called debt with a large amount of debt, and the defendant submitted to the Gwangju District Court a draft repayment plan to repay 49% of the principal by filing an application for personal rehabilitation with the Gwangju District Court, and the defendant's opportunity to correct the defendant by taking into account all of the sentencing factors in this case, such as the defendant's age, character and behavior, and environment.

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