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(영문) 창원지방법원 통영지원 2018.08.17 2018고단506
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 15, 2016, the Defendant: (a) by telephone at a place in which he was unable to offer a loan to the victim B at a low interest rate; (b) on May 15, 2016, the Defendant transferred the loan used at a high interest rate.

He/she shall receive a loan under the name of ap, and shall receive a new loan with the loan from the principal, after he/she has repaid the loan to the P, and shall pay all the loan to the P.

The term "the purpose of " was false."

However, in fact, the Defendant had a debt worth approximately KRW 468,00,000 in total at the time, and there was no intention or ability to fully repay the debt, such as credit card payment, loan, etc., even if he borrowed money from the injured party because of economic difficulties, such as preventing a refund of the debt with interest on loans, etc.

The Defendant, on the 16th day of the same month, had the victim borrow KRW 24,40,00,00 from the Girst Savings Bank, KRW 30,000,00 from the Mirst Savings Bank, KRW 8,000,000 from the GT-Friendly Savings Bank, KRW 18,000,000 from the JT-Friendly Savings Bank, KRW 12,00,000 from the GT-Friendly Savings Bank, KRW 34,50,000 from the Hyundai Savings Bank, and KRW 126,90,000 from the Hyundai Savings Bank’s account (C) in the name of the Defendant on the 17th day of the same month, respectively, and received KRW 120,00,00 from the National Bank Account (C) in the name of the Defendant, and KRW 6,90,00,00 from the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the original copy of the process deed, documents sent, loan certificates, credit information data, investigation report (certification of amount of income of a suspect and submission of liabilities);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Although the amount of damage to the decision of non-determination of sentence, which is a special mitigation area (from October to February, 200), is not much significant, the victim does not want the punishment of the defendant, and the other defendant's age, sex, environment, health conditions, etc. are the following: the scope of recommendation of the reasons for sentencing under Article 62 (1) of the Criminal Act (in consideration of the agreement with the victim).

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