logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.01.11 2017고단1372
사기
Text

A defendant shall be punished by imprisonment for four months.

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

The defendant and C obtained a loan under the name of the defendant, and made the victim D to provide a joint guarantee, and used the loan together, and did not repay the loan.

C On October 23, 2015, the victim by telephone has no money to make an operation by the mother of the defendant who is an employee of the company.

When the defendant receives a loan, he made a false statement that "the joint and several sureties will change joint and several sureties." On November 6, 2015, the defendant was transferred KRW 12 million from the loan to the Agricultural Cooperative (G) account in his own name after he received a loan of KRW 3 million from the Nam-gu E office located in Yong-gu, Nam-gu, Seoul-gu, Seoul-gu, Seoul-gu, and all of the loan of KRW 3 million from the company of the future Clody loan, KRW 3 million from the company of the loan of the capital, KRW 3 million from the company of the loan of the capital, and KRW 12 million from the company of the capital of the corporation, and transferred the above loan of KRW 12 million from the loan of the capital to the National Agricultural Cooperative (G) in his own name.

However, there was no fact that the mother of the Defendant had been performed at that time, and the Defendant and C did not have any particular property or income at that time. As such, even if the Defendant and C had the victim jointly and severally guaranteed, they did not have the intent or ability to repay the above loans worth KRW 12 million.

Around November 6, 2015, the Defendant and C conspired to induce the victim and caused the victim to obtain the monetary benefits equivalent to the amount of 12 million won of the above loan that the Defendant borrowed at the home of the victim I located in Bocheon-si around November 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against D;

1. A written petition;

1. Loan transaction contract, loan guarantee contract, monetary consumption and borrowing contract, and joint and several guarantee contract;

1. Application of Acts and subordinate statutes on the details of deposit and withdrawal of accounts under A;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. The punishment of Article 62(1) of the Criminal Act is applicable to the method of crime committed on the grounds of sentencing.

arrow