(영문) 대전지방법원천안지원 2020.08.26 2019고단2833

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자간(%)

(영문) 대전지방법원천안지원 2020.08.26 2019고단2833

사기

Text

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

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

Reasons

Punishment of the crime

On June 2019, the Defendant made a false statement to the victim D at the office of the C company located in the Dong-gu, Yandong-gu, Yandong-gu, Yancheon-si, that “A loan is difficult due to the low credit rating in obtaining the above prior acid as collateral. Therefore, if a partial repayment of a debt under the name of the Defendant is possible, it would be possible to make a loan by up to October 4, 2019.”

However, in fact, it was impossible to obtain a loan as collateral, and there was a debt of about 65 million won at the time, and there was no intention or ability to repay the loan even if it was borrowed from the victim because it was difficult to operate the business.

The Defendant, by deceiving the victim and deceiving the victim, received from the victim a total of KRW 10 million on July 5, 2019, and KRW 50 million on or around July 8, 2019, a total of KRW 60 million from the account in the name of Han Bank in the name of the Defendant, on or around two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Detailed inquiry into the results of transfer management, and the application of Acts and subordinate statutes on the complaint of notarial deed;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The punishment as indicated in the disposition shall be determined by taking into consideration the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act is not much specified; (b) the accused is recognized to commit the crime; (c) the victim deducts a considerable amount of money with the interest; and (d) the actual amount of fraud appears to exceed 38 million won; (c) the Defendant partly repaid the victim with a certain amount of damage; and (d) the victim does not want to

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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