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(영문) 부산지방법원 2018.05.01 2017고단6021
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant obtained a loan of KRW 45,550,00 from a lending company, such as mountain and loan, in the name of the victim, to the victim E in the office of "D" located in Busan, Busan, the Defendant will immediately change the name of the loan holder to his/her own future and repay the loan.

“The phrase “ was false.”

However, in fact, the defendant was planning to repay the existing loan obligations from the victim due to the lack of any property or income, and there was no intention or ability to change the victim's loan obligations under his/her name or to repay the loan.

On May 21, 2015, the Defendant, by deceiving the victim, got the victim to borrow KRW 15 million from mountain and loan, KRW 14.5 million from the savings bank, KRW 5 million in consideration of the mutual savings bank, KRW 4 million in the friendly savings bank, KRW 7 million in the Hyundai Savings Bank, KRW 45.5 million in total from the Hyundai Savings Bank, and acquired the above KRW 45.5 million from the company bank (Account Number F) account used by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A copy of a loan agreement for full consumption of gold;

1. A copy of the credit transaction agreement;

1. Statement of transaction;

1. Application of transaction specification table H Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. Circumstances that are disadvantageous to the determination of sentence: Consideration of all the sentencing conditions, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, while there is no record of the same crime;

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