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Reasons
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(영문) 인천지방법원 부천지원 2020.02.20 2019고단2883
사기
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The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

As a result of the examination of evidence, the facts charged was partially revised to the extent that it does not undermine the defendant's right of defense.

On October 4, 2018, when the Defendant applied for a loan of KRW 30 million to the victim B corporation by telephone, the Defendant applied for a loan of KRW 1,105,757 per month from October 4, 2018 to January 20, 202, and made a false statement to the effect that the Defendant would repay the principal and interest during the period of 39 months from October 4, 2018 to January 20, the Defendant applied for a loan of KRW 1,105,757, and that the Defendant applied for a loan to another financial institution at the same time as the loan was examined by the employee in charge of the victim’s loan.

However, in fact, the defendant applied for a loan to another financial institution from the beginning and applied for a loan equivalent to KRW 162 million on the same day. Even if the defendant borrowed KRW 30 million from the victim company, he/she did not have the intention or ability to repay the loan normally.

Nevertheless, as seen above, the Defendant, by deceiving the victim company, received KRW 30 million from the victim company to the corporate bank account (C) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Complaint of the B stock company;

1. Investigation report (Attachment of documents related to a petition for bankruptcy of a suspect);

1. Details of loans;

1. The history of loans;

1. Short-term strength;

1. Notice of the loss of time limit:

1. Counseling history;

1. Progression of the case (In Incheon District Court 2019Hadan1026);

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the details and method of the crime subject to the punishment of imprisonment option, the extent of damage, the scale and place of use of the actual benefit therefrom, and the punishment of a fine for drinking driving are only one time, and there is no record of punishment for the same crime, the confession of the crime, and the mistake.

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