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Reasons
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(영문) 인천지방법원부천지원 2020.12.08 2020고단2293
사기
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2019, the Defendant stated that “The Defendant would pay KRW 903,626 on the 25th day of each month during the 60-month period from the loan staff in charge of lending KRW 40 million to a credit loan in the workplace, 13.2% of the interest rate, and the principal and interest equal repayment method. There is no fact that the Defendant applied or proceeded with a simultaneous loan in another financial institution.”

However, the Defendant applied for concurrent loans to other financial institutions such as 60 million won, 25 million won in D, and 20 million won in E on the same day. At the time, the Defendant did not have any particular property in addition to benefits of 4.5 million won in the month, while the obligation to financial institutions, etc. is equivalent to 1.90 million won in the monthly amount, and thus, the Defendant did not have any intent or ability to repay the principal and interest of 4.9 million won in the monthly amount, even if 4.9 million won in the amount of the principal and interest of the above obligation was loaned from the victim.

Nevertheless, the defendant deceivings the victim company as above and acquired 40 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (including Nos. 10, 18, and each accompanying document) summary of F’s statement in the statement of complaint(including accompanying documents)

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. In full view of the following: (a) the method and scale of the crime with reason for sentencing under Article 62(1) of the Criminal Act; (b) the victim company has agreed with the victim company; (c) the victim has no record of criminal punishment exceeding the fine; and (d) the confession and attitude against the victim

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