2019 Highest 3041 Fraudulent

Jins (name of 63.Gins)

Residential Ulsan

KimMa-ro (prosecution), Shin Ho-ho (Trial)

Attorney Soh* (Korean Civil Code)

d.6.4

Defendant B shall be punished by imprisonment with prison labor for one year.

Facts of crime

피고인 은 2014. 4.28.경 피고인이 종업원으로 근무하던 울산 동구 ○○12길 146 에 있는 © 식당 에서손님으로 자주 오는 피해자 권피해(가명)에게 "너의 이름으로 대출 을 받아 돈 을 빌려주면 빠른 시일 내 이자와 원금을 꼭 갚아주겠다"라고 거짓말하였다.

However, in fact, the defendant has already been liable to pay the principal and interest of the above debt, and even if he borrowed money from the victim, he did not have any intention or ability to pay the principal and interest of the above debt.

The defendant acquired the total amount of KRW 19,564,00 through five times in total, including the fact that the defendant used a bank account (612-21-*****) in the name of the victim and the head of Tong and the check card in the name of the victim, which he had been holding 3 million won of loans from the victim in the name of the victim in ' wellcomd'.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

Article 347(1)(general) of the Criminal Act, the choice of imprisonment

1. Scope of recommending sentences according to the sentencing criteria

[Determination of Type] Fraudulent Crime 01. General Fraud [Type 1] below 100 million won

【Special Sentencing Sentencing】

- Reduction Requirements: Non-Punishment

[Scope of Recommendation and Recommendation Form] Reduction Areas, Imprisonment from one month to one year

[General Sentencing]

- Aggravations: Victims vulnerable to crimes

2. Determination of sentence;

The defendant's mistake is recognized, the agreement is reached with the victim, and the transfer of the crime of this case

The fact that there is no record of criminal punishment is favorable to the defendant.

However, the crime of this case is committed by the Defendant using the fact that the victim (cadastral disability, intelligence index 52, social age 10 years old), who obtained a loan from several lending companies in the name of the victim, and obtained the loan from the victim. The crime of this case is committed, and the victim bears a high interest rate of the loan with the loan obligations of 20 million won in total to the lending companies. In addition, at the time of the crime of this case No. 2 and No. 3, at the time of the crime of this case, the Defendant borrowed the loan from the victim's possession as security. In particular, at the time of the crime of this case No. 2 and No. 2 and No. 3, the lending company (the representative) received a loan from the victim's lender's own loan as security, and then applied for an auction at will, the victim was deprived of the victim's residence, and the victim was born by his wife and his wife, and it was also determined that the victim's environment will not be able to suffer from the crime of this case.

Judges Kim Jong-hwan

A person shall be appointed.