(영문) 창원지방법원 진주지원 2012.06.12 2011고단1803

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(영문) 창원지방법원 진주지원 2012.06.12 2011고단1803

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, around June 24, 2009, lent the existing loan amount of KRW 20 million to C at the home of Jinju to C, and said, “The Defendant would pay the victim D money borrowed from C with joint guarantee.”

However, the fact was that the defendant was in bad credit standing from February 2008, and even if he borrowed money from C because the enemy was accumulated, he did not have any intention or ability to repay the money.

As such, the Defendant borrowed KRW 20 million from C through the victim’s false statement to the victim, and caused the victim to bear the guaranteed liability to the victim, thereby gaining pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to a document of borrowing money;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Special Consideration of the fact that the victim has withdrawn the complaint and the degree of damage);

1. The Defendant denies the Defendant’s assertion regarding Article 62-2 of the Social Service Order Criminal Act.

However, even if the victim accepted the victim's request and repaid his/her existing obligation to the victim with money from the victim under the joint and several guarantee of the victim, according to the evidence mentioned above, the defendant is recognized as having borrowed money from the victim's joint and several guarantee under the victim's belief that he/she did not have the ability to either repay the principal or pay monthly interest as agreed at the time of borrowing money from C, or that he/she could not repay the principal and interest at least, but he/she knew that he/she could not repay the principal and interest.

In addition, the economic situation of the defendant is serious.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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