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(영문) 수원지방법원 안산지원 2018.08.07 2018고단2046
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2015, at the defendant's house located in Silung-si B and 401, the defendant sought a loan from the victim C to resolve the her husband's fine, and the joint guarantor is required.

D. D. D. D., if D. borrowed money with a direct loan, D. is also a company, D. is a vehicle, E.C. has collection, and D. can make a full payment at one time when it is resolved.

The phrase “ makes a false statement.”

However, the Defendant, at the time, committed approximately KRW 15 million on personal debt, and the Defendant’s husband’s husband’s expenses for medical treatment and interest on the above obligation, and there was no certain income even though there was no special occupation and there was no certain amount of income. Therefore, even if the Victim was established and loaned as a joint guarantor, or he borrowed money from the injured party, there was no intention or ability to repay it.

Nevertheless, the defendant deceiving the victim as above and caused the victim to obtain a loan of KRW 3 million from the safe loan of the Kitch Bank Korea and KRW 3 million from the Kitch Bank Bank Bank in the same day, respectively, and the defendant has jointly and severally guaranteed the loan of KRW 3 million, and received KRW 2 million from the victim to the one bank account in the name of the defendant from April 4, 2016 from that time, from that time, he received the transfer of KRW 2 million from the victim to the one bank account in the name of the defendant and acquired property profits equivalent to KRW 40 million in total from April 11, 2016, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the criminal defendant or the police against victims;

1. Application of the Acts and subordinate statutes of each loan, loan transaction contract, each application for loan, loan agreement, and each contract for joint and several sureties;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is to complete payment.

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