(영문) 대구지방법원 경주지원 2016.12.22 2016고단603

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(영문) 대구지방법원 경주지원 2016.12.22 2016고단603

사기

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

Reasons

Punishment of the crime

On September 9, 2015, the Defendant stated that “When a loan is made in the future with a loan of KRW 70 million in the name of the victim and KRW 70 million in the name of the victim, the Defendant would obtain a loan in the name of the victim and repay the loan to the victim at a low interest rate of KRW 70 million. The Defendant would be able to obtain a loan in the name of the victim at a low interest rate of KRW 70 million. The head of the loan team is friendly and reliable by the head of the loan team.”

However, in fact, it was difficult for the Defendant to obtain full loans in the name of the Defendant in a short period and redeem the loan of the victim because credit rating was the lowest level of assets, and there was no assets, and there was more loans than 30 million won in addition to the above loans, and there was no explanation from the loan manager, and there was no such explanation from the loan manager, and there was a difference between the loan manager and the person in charge of the loan. Therefore, there was no intention or ability to repay the full amount

The Defendant, by deceiving the victim as such, received KRW 50,00,000 from the victim for the purpose of borrowing money, and KRW 17,50,000,000 from the account under the name of the Defendant, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including E substitute part);

1. Each police interrogation protocol against the accused (including E substitute part);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the details of telephone conversations (defendants), accusation notes, certificate of confirmation seven copies, full certificates of registered matters, and text messages;

1. The Defendant, as stated in the above criminal facts, by deceiving the victim, thereby deceiving the victim of the larger amount of KRW 69.5 million.

The victim is believed to be repaid by the victim at the request of the defendant, who is a workplace and who is a partner, and is believed to be repaid by the victim.

참조조문

-형법 제347조 제1항

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