(영문) 수원지방법원 안산지원 2019.01.17 2018고단2577

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(영문) 수원지방법원 안산지원 2019.01.17 2018고단2577

사기

Text

A defendant shall be punished by imprisonment for four 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 June 26, 2015, the Defendant made a false statement to the effect that, at a cafeteria operated by the victim C, the Defendant would obtain a loan under the name of the victim as “the funds for the operation of the finite in which the finite in charge of the finite are urgently required, and would not be repaid by the guarantor by paying the principal and interest on the finites.”

However, at the time, the Defendant operated convenience stores and Kink chain stores, but there was a lack of funds to cover interest on the Defendant’s living expenses, personal debts, and separate loans, and there was no assets held in bad credit, and there was approximately KRW 40 million as the personal debts and the loans received under the name of the Defendant, and thus, the Defendant did not have the intent or ability to pay the loans properly even if he received the loans as a joint and several surety.

Nevertheless, the Defendant entered into a loan agreement with the Defendant to obtain a loan of KRW 12 million in total from D, E, and F in the name of the Defendant G on the same day, by deceiving the victim as above, and let the victim sign each of the above loan agreements as a joint and several surety and sign each of the above loan agreements and signed the joint and several surety contract, and received a remittance of KRW 12 million from the said lending company as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes governing debt certificates;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. It shall be decided as ordered for the reason that the suspended execution is more favorable than Article 62 (1) of the Criminal Act (i.e., reflectivity, the agreement with the victim, and the fact that there is no power to punish, in addition to once of

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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