(영문) 창원지방법원 2019.10.18 2018고단892

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(영문) 창원지방법원 2019.10.18 2018고단892

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around September 2015, the defendant requested the victim B who made a job offering to provide a joint and several sureties, and the victim provided a joint and several sureties for a total of KRW 75 million to ten financial institutions around that time.

On March 2016, the Defendant made a false statement to the effect that “Neman’s preferential loans are difficult to pay back to a low interest rate.” The Defendant made a false statement to the effect that “Neman’s preferential loans are to be repaid to a low interest rate.” The Defendant would receive Neman’s loan and pay back the pre-paid loan to Neman.”

However, the defendant did not have any special revenue, and some of the money received from the victim was in need of the interest of the loan and living expenses due to the debts worth KRW 75 million at the time, and the victim used the guarantee for the repayment of the prior loan, and some of the money was intended to use it for his own cost of living.

Around April 21, 2016, the Defendant, by deceiving the victim, had the victim borrow KRW 37 million from the C Bank, D, etc., and then used the money as a loan and transferred KRW 36 million to the E Bank account under the name of the Defendant to repay the joint and several debt obligations of the victim, and acquired the remainder of KRW 16 million.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (investigation into attachment of a detailed statement of bank transactions submitted by the complainant), investigation report (in the case of joint and several sureties of the victim);

1. Application of demand notes, specifications of transactions by account, and Acts and subordinate statutes on personal financial transactions;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud) and reasons for sentencing choice of imprisonment with prison labor;

1. The scope of recommendation [decision of type] The general fraud [Type 1] and there is no person who is less than KRW 100 million [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2.The decisions of sentence shall be as follows:

참조조문

-형법 제347조 제1항

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