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(영문) 광주지방법원 2017.11.30 2016고단2095
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On March 18, 2015, the Defendant is required to have a guarantor to obtain domestic loans from the victim D who is a workplace partner at the C office where the Defendant in Young-gun B, Nam-gun, Seoul, working for the defendant.

D. D. D., for three months of the 3-month period, is well paid interest, and D. D. will be converted into a low interest-interest product among D. D. loans that caused D.'s guarantee.

As the inside and outside of the workplace is accompanying, I believe it and change the guarantee, so that it does not have any damage to width.

“A false statement” was made.

However, the defendant had no intention or ability to discharge the guaranteed obligation of the victim or to repay the loan even if the defendant had the victim guaranteed the loan.

The Defendant, as described in the List of Crimes, by deceiving the victim as above and causing the victim to borrow KRW 6 million from DNA loan at the office of the above company on the same day, and having the victim stand joint and several surety at the office of the above company, the Defendant, as shown in the List of Crimes, had the victim jointly and severally pay a total amount of KRW 48 million from March 18, 2015 to June 23, 2015, thereby having the victim stand joint and several surety the debt of KRW 48 million, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Results of inquiry into credit information;

1. A detailed statement of deposit transactions in the agricultural bank account;

1. Each loan guarantee contract, each joint and several guarantee contract, each transaction statement in arrears, application of Acts and subordinate statutes on overdue payment of the transaction ledger;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. The sentence of sentence shall be rendered in the following circumstances and the age of the defendant:

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