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Reasons
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(영문) 대전지방법원 서산지원 2017.06.08 2016고정253
사기
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1. The sentence against the accused shall be 1,500,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

Although the Defendant did not have the intent or ability to repay the loan even after receiving the loan, on February 2, 2016, the Defendant entered into a loan agreement of KRW 19,000,000 on the condition that the Defendant would have paid 19,000 to the Agricultural Bank in the name of the Defendant in the name of the Defendant (E) for the period from February 2, 2016 to February 2, 2021, 200 from the Victim Deposit Bank: (a) from February 2, 2016 to February 2, 2021, and (b) received the loan of KRW 19,00,000 from the Victim Savings Bank in the name of the Defendant to the Agricultural Bank in the name of the Defendant; and (c) received the loan of KRW 19,000 from the

Summary of Evidence

1. Each legal statement of witness G, H and F;

1. A receipt for payment of damages, a credit transaction agreement, or a loan agreement;

1. A trade statement (E) of the Agricultural Cooperatives Account (Defense Counsel and the Defendant shall be denied the criminal intent of defraudation.

According to the above evidence, the following facts can be acknowledged: (a) at the time of applying for a loan to the victim, the Defendant prepared an application on the premise that the Defendant was using the loan for the purpose of purchasing a house; (b) the Defendant did not disclose the loan application to other agencies simultaneously; (c) the intent was to use the loan to F; and (iv) the Defendant knew of the fact that the Defendant was having known at the time when

According to the above facts, the defendant had F use the loan by recognizing dolusently that F may not repay the loan to F, but with the awareness of deceiving the purpose of use, and applying for the loan to the victim.

It is reasonable to view it.

Defense Counsel and Defendant’s argument shall not be accepted

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (2) and Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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