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(영문) 부산지방법원 2020.01.21 2019고단5384
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 18, 2016, the Defendant: (a) at the Busan High-gu Busan High-gu Busan High-gu Management Office, where the Defendant used as the victim W, the Defendant: (b) did not have good credit standing to obtain business registration or loan; and (c) therefore, even if a third party was to receive a loan for his own interest, the Defendant, despite having no intent or ability to pay the principal and interest of the loan, the Defendant stated that “if a business fund is required to obtain a loan under the name of the victim through his own child, the principal and interest would be repaid to him/her; and (d) he/she received a loan of KRW 30,00,000 from the E Co., Ltd. and received it from the victim from him/her from him/her until April 20, 2017, by deceiving the victim for four times as stated in the attached list of crimes from April 20, 2017; and (c) obtained the money from the victim under the pretext of borrowing KRW 1389,50,90.

Summary of Evidence

1. Defendant's legal statement;

1. Application of W’s written statement statement law to W;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [decision of type]: General Fraud [Type 2], and no person who is above KRW 100 million and below KRW 500 million [the scope of the recommended area and the recommended amount], basic area (the scope of the recommended area and the recommended amount], 8 months through 4 years (the sum of the recommended amounts shall be reduced by 1/3 of the lowest limit of the sentenced amount due to the increase in the first step as a result of the aggregate of the concurrent amounts);

2. It shall be so decided as per Disposition in full view of the fact that the decision of sentence has not been recovered from damage, the fact that his mistake is against him, the motive and background of the crime, the method and degree of damage, the record of the crime, etc.

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