(영문) 서울중앙지방법원 2013.08.08 2013고단2646

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(영문) 서울중앙지방법원 2013.08.08 2013고단2646

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a company member.

Around September 14, 2011, the Defendant called the victim B (the age of 40) and called "the fire station was located at the fire station at the construction site, and 30 million won out of the deposit 300 million won is required." The Defendant made a false statement to the effect that the Defendant would have the victim repay the loan immediately if he/she is not a fire station at the fire station, and that it would have the victim repay the loan at the same time. It was jointly and severally guaranteed the loan from the lender from September 14, 201 to September 20 of the same month as shown in the annexed crime list from September 14, 2011 to September 20 of the same month, as shown in the annexed crime list.

However, in fact, the Defendant was thought to use the borrowed money to repay the existing loan, not the deposit money for employment as a fire-fighting warden, and at the time, C was in arrears with the amount of delinquent local tax 65 million won around October 2010, which was operated under the name of the Defendant, and the Defendant did not have any intent or ability to repay the borrowed money even if the Defendant had a joint and several surety and borrowed money.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part B of the protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes on loan transaction contracts;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence [the decision of the type] of fraud [the range of recommending punishment] below KRW 100 million [the decision of the sentence] - June - one year and six months [the decision of the sentence] unfavorable: the defendant is the victim's place of use, etc., and the quality of the crime that the defendant guaranteed his/her lending obligation is minor.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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