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(영문) 부산지방법원 서부지원 2018.04.20 2018고단253
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the office of "D" located in Gangseo-gu Busan Metropolitan City, around August 2014, paid monthly interest on the loan to the victim E, and paid the principal at an interest rate lower than the ground due to high credit rating in the loan to the victim E.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant was unable to pay the principal and interest of the loan that was owed by the Defendant at the time when the amount of the loan exceeds KRW 24 million,000,000,000, and it was difficult for the Defendant to pay the principal and interest of the loan under the name of the Defendant, and even if the Defendant received the loan from the injured party on the ground that there was no particular property, there was no intention or ability to pay the principal and

As such, the Defendant, by deceiving the victim, received KRW 2,752,00 from the victim on August 11, 2014 to the agricultural bank account in the name of the Defendant on the same day, from the victim on the same day, and received KRW 2,00,000 from the victim on seven occasions, including the money transferred from the victim on the same day to the agricultural bank account in the name of the Defendant, from July 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on account transactions, certificates of account transaction records, copies of inquiries about the details of free savings deposit transactions, and copies of transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment on the sentencing guidelines] - The mitigated area of Class 1 (less than KRW 100 million) (one year) (the special mitigated area): The person who is not subject to punishment [decision of sentence] is not subject to the amount of fraud, and the above defrauded amount is much greater than the actual damage caused by the money provided by the victim with the loan from the second financial right.

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