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(영문) 의정부지방법원 2016.05.04 2015고단4645
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

In August 2014, the Defendant is required to obtain loans from “C Mart” fishery copon in Yangcheon-gu Seoul, and from “C Mart” fishery copon in Yangcheon-gu, Seoul, the Defendant should obtain loans from the victim D for at least three months.

There is no problem of full repayment of the money after three months.

The term "as four joint and several guarantors are different so that internal loans can be received."

However, the defendant did not have the intent and ability to obtain the sunlight loan as above, and even if the high interest company received the loan, the defendant did not have the intent and ability to repay the loan more than three months.

After deceiving the victim as above, on August 28, 2014, the Defendant obtained a loan of KRW 3,000,000 from Taesan Loan Co., Ltd., Ltd., and had the victim make joint and several sureties, etc., as stated in the attached crime list, and had the victim obtain a joint and several sureties amounting to KRW 24,00,000 in total.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police against D;

1. Application of each loan agreement, text message, details of banking transactions, list of personal rehabilitation creditors, and statutes governing the search table of the case;

1. The relevant legal provisions and Article 347(1) of the Criminal Act on the facts of the crime in question and Article 347(1) of the Criminal Act [the scope of recommending punishment] There is no reason [the person who is subject to special sentencing] in the basic area (from June to January 6) (the scope of punishment less than KRW 100 million) (the person who is subject to special sentencing] [the sentence] decision is equivalent to KRW 24 million in property gains earned by the defendant from the crime in this case. The damage recovery was almost not made, and there was no agreement with the victim.

After committing the instant crime, the victim wanted to have his behavior (e.g., impossibility of contact and application for personal rehabilitation) of the Defendant, and repeatedly punished.

However, there is no record that the defendant recognized his mistake, and is punished for the same kind of crime.

This is the type of recommendations on the sentencing criteria.

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