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(영문) 광주지방법원 2018.04.26 2018고단582
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant around June 2017, around 2017, transferred the name of the loan to the victim C in the light of E-art Standing in Seo-gu, Seo-gu, Gwangju, 263.

“.....”

However, at the time, the Defendant was unable to obtain more loans under his/her own name, and there was no money to repay interest on existing loans and living expenses, and even if the Defendant received loans under his/her name, he/she did not have the intent to transfer the name of the loan or to pay the loans.

Nevertheless, on April 3, 2017, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 17 million from the SBI Savings Bank; (c) KRW 5 million from the Smart Savings Bank; and (d) KRW 32 million from the JTT-Friendly Savings Bank; and (c) obtained a remittance of KRW 30 million from the said loan to the account in the name of the Defendant’s name on April 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement made by the police against C;

1. A detailed statement of account transactions;

1. Application of the Acts and subordinate statutes governing investigation reports and documents appended thereto;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflectment, the background leading to the crime, the fact that the victim does not want the punishment by mutual consent with the victim, and the first crime);

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