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(영문) 창원지방법원 마산지원 2017.07.05 2017고단397
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the above sentence shall be executed against the defendant for a period of two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant from around 2012 to X-ray

The Defendant did not pay the interest on the loan of KRW 1.2 million each month with a total of KRW 43 million loans from 8 lending companies, on condition of 34.9% per annum, but the Defendant did not pay the interest on the loan of KRW 1.1 million each month, and thus, the Defendant did not pay the interest on the loan of KRW 1.1 million each month. Therefore, the Defendant borrowed money from the neighboring land to prevent the so-called repayment of the interest on the loan of KRW 4.9% per annum.

The defendant around October 10, 2014, at the victim D's residence located in 507 Dong-dong 901, Dao-si, Dao-si, Dao-si, the defendant will receive bonuses from the victim within one month, and he will receive bonuses from the victim.

“The phrase “ was false.”

However, in fact, the defendant has repaid other debts from the damaged party, and the defendant has failed to meet the fixed expenditure costs, including the above loan interest and the interest on housing mortgage loan interest. Therefore, even if he borrowed money from the damaged party, he did not have the intention or ability to repay it.

Ultimately, the Defendant: (a) by deceiving the victim as above and receiving KRW 5 million from the victim to the Saemaul Treasury account in the name of the Defendant; (b) obtained pecuniary benefits of KRW 171,197,403 in total by either receiving money from the victims of total 32 times from October 10, 2014 to October 27, 2016 or using a credit card of the victims from total 5 victims; and (c) allowing the victims to letter a loan guarantee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E, F, G, D, and H;

1. Application of the Acts and subordinate statutes to each complaint and investigative report;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Sentencing prescribed in Article 62(1) of the Criminal Act;

1. At least 2.10 million won, as the basis for mitigation of classification by type;

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