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(영문) 창원지방법원 2018.01.30 2017고단3243
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B and Defendant A are married couple.

The Defendants accessed victims D (24 tax, intellectual disability No. 3) known to the general public, and conspired to receive loans under the name of the victim and to divide them into the cost of living.

On August 25, 2016, the Defendants would make the victim of the Changwon High School located in Seongbuk-gu, Sungwon-si, Changwon-si, Changwon-si to know the method of receiving the loan in the name of "I would like to know the method of living because I would like to receive the loan. I would like to receive the loan in four names and pay the loan in installments within one year.

The phrase “the phrase was false.”

However, the Defendants did not have any property under their names, and Defendant A had a debt of KRW 10 million, KRW 6330,000,000, and KRW 63330,000, as well as the Defendants were unable to obtain additional loans due to the lower credit rating and overdue interest, and even if all the Defendants were in a position and borrowed money from the victims due to lack of certain income, they did not have any intent or ability to pay the principal and interest within one year.

Nevertheless, on August 25, 2016, the Defendants, by deceiving the victim, got the victim to borrow KRW 20 million from the Nonghyup Bank in its name. On the same day, the Defendants obtained delivery of KRW 20 million from the damaged party A to the financial account in the name of Defendant A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to D;

1. Request for cooperation in investigation and response to NIC evaluation information;

1. Inquiries about details of loans transactions and the application of Acts and subordinate statutes on deposit transactions;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (the amount of deception obtained through the instant crime is not large, and the Defendants are hardening to recover damage as they repented, and Defendant A is punished once by a fine for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in around 2015.

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