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인천지방법원 부천지원 2019.07.11 2019고단1157
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 2017, the Defendant: (a) obtained a loan of KRW 30 million from six loan companies, such as B Co., Ltd., (State), D, E, F, and G, with a total of KRW 30 million credit; (b) obtained a loan of KRW 30 million from the victim H as a guarantor; and (c) received a demand for the repayment of the loan due to the non-payment of interest and principal on a timely basis; and (d) received a demand for the repayment of the loan from the victim at a non-permanent place around February 2018, the Defendant concluded that “When the Defendant would obtain a loan under the name of the party and repay all the existing loan of KRW 30 million, the Defendant would obtain a new loan under the name of the party and repay the loan in the name of the party.”

However, in fact, the defendant did not pay the existing loans at the time and it is unclear whether the additional loans have been made due to credit problems, such as tax delinquency, card arrears, etc., even if the victim intends to repay the existing loans of the defendant, he/she did not have the intention or ability to pay the amount equivalent to the loans paid to

Nevertheless, the Defendant, by deceiving the victim as such, obtained a loan of KRW 25 million from a loan company, including I, around February 12, 2018 for the repayment of the existing loan, etc., and had the victim repay the Defendant’s existing loan at around that time, etc., thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (one time and two times);

1. The police statement of H;

1. A copy of a loan agreement in the name of each complainant;

1. Application of the Acts and subordinate statutes on response materials by J Co., Ltd.

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

1. The contents and methods of deceiving the reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances, etc. among the reasons for sentencing), the contents of the victim’s actual economic changes before and after the commission of the crime, and the fact that the victim’s actual economic changes and partial damages are expected to be discharged, and the suspended sentence

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