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(영문) 대전지방법원 2017.10.27 2016고정612
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 2, 2012, the Defendant made a false statement at a Hand phone sales store operated by the victim C near the Daejeon Seo-gu Daejeon B market, stating that “I wish to reach an agreement by obtaining a loan due to a leakage or accident, and there is a difference in joint and several sureties. If so, I would pay a loan without a molding the joint and several guarantors so that I will not return to the responsibility of the joint and several guarantors.”

However, even if the defendant receives a loan, he/she did not have the intention or ability to prevent the victim from returning to the responsibility of joint and several sureties.

The Defendant deceptioned as such, and around that time, received a loan of KRW 3 million from the Sejong Savings Bank, and KRW 5.7 million from the Hyundai Savings Bank, 2.7 million from the Hyundai Savings Bank, and caused the victim to sign a joint and several guarantee and did not repay the loan, thereby allowing the victim to repay the loan on behalf of the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing performance certifications;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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