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(영문) 창원지방법원 2016.07.07 2016고정455
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Changwon District Court on February 3, 2016, and the judgment became final and conclusive on February 23, 2016.

On March 30, 2015, at the C office located in the window B of Changwon-si, Changwon-si around March 30, 2015, the Defendant made a false statement to the victim D that “I want to obtain a loan by requiring inside and outside expenses, etc., and the joint and several sureties will change the name of the joint and several surety in the name of the mother.”

However, the defendant had no intention or ability to repay even if he/she received a loan from the lending company with a person who suffered damage as a joint guarantor.

On April 1, 2015, the Defendant: (a) by deceiving the victim; (b) obtained the amount of KRW 3 million from the from the Scisf loan to the victim; (c) KRW 3 million from the future Ccisf loan to the Plaintiff; (d) KRW 3 million from the Lcisf loan to the Plaintiff; and (e) obtained the total amount of KRW 12 million from the Ecisf loan to the Plaintiff; and (e) did not change the loan while making the loan; and (b) obtained the payment on behalf of the victim; and (c) obtained the pecuniary benefit equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (attached documents, such as a contract for borrowing and lending gold full-time);

1. Previous convictions: Inquiries about criminal history, reporting the results of confirmation of the previous convictions and reporting the results of investigation (report attached to the judgment) Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The indictment for concurrent crimes does not contain the records of crimes falling under the latter part of Article 37 of the Criminal Act, but even if it is acknowledged ex officio, it does not give substantial disadvantage to the defendant's exercise of his/her right of defense, and thus applies ex officio

Article 37 of the Criminal Code: Provided, That Article 39(1) of the Criminal Code

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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