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(영문) 대전지방법원 천안지원 2019.06.27 2019고단623
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 2015, the Defendant made a false statement to the victim D at the C Hospital located at Sinpo City B, Mapopo-si, 2015, stating that “The agreement is necessary to agree with the victim in the car accident. The Defendant would receive a loan from Seopo-si, settle the agreement amount, and repay the loan amount of KRW 30 million in the retirement allowance of women and children, or change the joint and several sureties in the name of mother or mother.”

However, in fact, even if the defendant has been designated as a joint and several surety and has been granted a loan, he did not have any intention or ability to repay the loan or change the title holder.

Around June 29, 2015, the Defendant, by deceiving the victim as above, had the victim designate 36 million won as a joint guarantor with respect to the loans of 6 million won in total from 6 million won to E Co., Ltd., and 6 million won to F Co., Ltd. on the same day, 6 million won to H Co., Ltd. on the same day, 6 million won to H Co., Ltd. on June 30, 2015, 6 million won to H Co., Ltd. on June 30, 2015, and 6 million won to J Co., Ltd. on the same day, 6 million won in total from 6 Co., Ltd. to 36 million won in the name of the Defendant from the above 6 Co., Ltd. to the K Bank account (Account Number L) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigative report (Submission of data concerning loans to complainants);

1. J-guarantee contract;

1. A detailed statement of transactions in the name of suspect;

1. Application of Acts and subordinate statutes to details of payment of interest on loans for four months;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. While the sentence of sentence is the initial offender of the defendant, the person with the victim.

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