(영문) 수원지방법원 안산지원 2014.12.23 2014고단2116

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(영문) 수원지방법원 안산지원 2014.12.23 2014고단2116

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 2013, the Defendant made a false statement to the victim C that “A loan may not be obtained in the name of the bank urgently needed. To receive the loan instead, I will accept the loan. Interest will be repaid. If the loan is granted, I will repay the existing loan with the money, and will receive the loan in the name of the bank again.”

However, even with the interest on existing loans, the Defendant paid more than KRW 1,00,000 per month, and some of the money borrowed under the name of the victim is thought to be used for the cost of living, and there was no intention or ability to repay the money borrowed to the victim with all of the existing loans repaid.

On June 4, 2013, the Defendant had the victim borrow KRW 36 million from the SC Savings Bank, and KRW 10 million from the Korea Federation of Savings Banks on June 5, 2013. On June 7, 2013, the Defendant received KRW 46 million from the victim to the Defendant’s account, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused by the police;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of a certificate of borrowing and a statement of transactions by account;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

1. The defendant shall be punished strictly in light of the following: (a) the amount received from the victim of a suspended sentence of punishment under Article 62(1) of the Criminal Act was given a large amount of loan to the victim although it was a situation in which it was impossible for the victim to fully repay the existing loan; (b) the victim, in addition to the instant loan, is also liable for the guaranteed debt of the loan that the defendant was the principal debtor; and

However, the defendant tried to pay the defendant's existing debt by obtaining a loan with an interest rate lower in the name of the victim through the loan broker.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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