logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.08.25 2015고단5999
사기
Text

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

Reasons

Punishment of the crime

On December 18, 2014, the Defendant is required to obtain a loan from the victim E in the “D” office located on the 3th floor in the Sungsung City, 2014, with the need of KRW 20 million from a savings bank.

the guarantee will be deducted within one month from the face of each State.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he will receive a loan of 20 million won or more from the victim's joint and several sureties, as well as there was no particular property at the time, and there was a large amount of interest due to a debt of 73,658,000 won and there was no intention or ability to properly repay the loan even if he received a joint and several sureties loan from the victim, or discharge the victim's guarantee obligation within one month.

On December 19, 2014, the Defendant received a guarantee of 20 million won or more at the above office.

“Along with the victim’s question, “A few times may be refused to grant loans, and as required, KRW 20 million,” the victim shall be subject to the victim’s right to demand a loan. In addition, the victim shall be subject to the right to demand a loan.

8 million won for the division, and the well-beingn Synbus for the corporation

10 million won for division; 10 million won for loan to corporation; 10 million won for loan to corporation; 10 million won for Kexson's loan to corporation; 8 million won for future Cret loan to corporation; 8 million won for corporation future Cret loan; and cretex Co., Ltd.

The defendant's joint and several guarantee contract for each of the loans to the above loan companies, such as KRW 10 million, was signed by the defendant.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 56 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on joint and several guarantee contracts and loan transaction contracts;

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

1. One type (less than KRW 100,00) of the sentencing criteria shall be applied [the scope of the recommended punishment] general fraud;

arrow