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(영문) 의정부지방법원 2019.03.26 2018고단4871
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 11, 2017, the Defendant made a false statement to the effect that “I will refund approximately KRW 560,000,000 per month when I want to lend money to other financial rights, as I need to borrow money for marriage.”

However, in fact, the Defendant did not need marriage funds, and the Defendant borrowed temporary money from the lending broker and pretended to have no loan to repay debts to the existing lending company and received KRW 20 million from the C Bank on August 8, 2017. On August 11, 2017, the Defendant applied for a loan of KRW 15 million on the D Card with the victim company as well as the victim company applied for a loan of KRW 15 million on the D Card, and there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim company because it was planned to obtain a loan from the lending company.

The Defendant received 27.7 million won from the victim company as a loan on August 11, 2017 from the victim company to the bank account (E) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Summary of the statement of the complainant or complainant's agent;

1. Application of a credit transaction agreement, comprehensive investigation into credit information, comprehensive credit standing information, detailed statement of wage and salary income, certificate of income amount, detailed statement of deposit transactions in D banks, and statutes governing credit rating information response data;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types]: General Fraud [Type 1] below KRW 100 million [Special Sentencing] - Reduction element: In cases where punishment is not granted or significant damage has been recovered, reduction range or reduction range [the scope of recommending area and recommendation range] mitigation range, imprisonment with labor for one month or one year;

3. Considering the fact that the decision on the sentence has not been completely restored, strict punishment against the accused is necessary.

However, the defendant.

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