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(영문) 수원지방법원 성남지원 2017.11.10 2017고단1322
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2015, the Defendant concluded on July 31, 2015, that “The Defendant’s joint and several surety for the insurance design-related private individuals C is different from that for the insurance design-related private individuals to subscribe to the nine insurance policies.” Since three months thereafter, the Defendant made a false statement that “The Defendant would not incur any damage by obtaining a substitute loan.”

However, at the time of fact, the Defendant, without any special property, had a joint and several liability of KRW 27 million for the loan of the former female-friendly group, KRW 7 million for the installment of the vehicle, KRW 5 million for the loan to the lending company, such as R&C Capital, and A1 Capital. Since all of the loans received in the instant case were to be used for the repayment of the existing loan, the Defendant did not have the intent or ability to pay the insurance premium that was subscribed to through the victim or to receive the loan for the said loan for three months.

The Defendant, as above, had the victim deceptiond the victim and signed the amount of KRW 28 million in total at seven lending enterprises, such as (ju) the above-mentioned capital loan, (ju) KON loan, (State) the loan, (State), and (State) the loan, (State) the loan, and C&B loan (State), and (State) the loan of KRW 4 million in total at KRW 28 million, respectively, from each of seven lending enterprises.

In this respect, the Defendant acquired pecuniary benefits from the lending company's total amount of 28 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of bank transactions and application of Acts and subordinate statutes of each contract;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is the first offender, the Defendant appears to have committed the instant crime, the confession and reflective attitude, and every month’s remittance of KRW 290,000 to the victim, etc., and other criminal law.

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