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(영문) 대전지방법원 천안지원 2019.02.22 2018고단2681
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 30, 2017, the Defendant concluded a loan agreement of KRW 60,400,000 on the condition that the Defendant would pay KRW 447,432 for the loan period, and KRW 32,000,000 on the condition that the Defendant would pay KRW 60,400,000 for the loan period, and KRW 32,00,000,000 on the condition that the Defendant would pay KRW 593,670 for the monthly payment at the above D branch on December 12, 2017.

However, at the time, the Defendant had no fixed income or special property, and the credit card payment obligation and personal loan obligation amounted to KRW 21 million, and even if the Defendant purchased the new loan with the loan from the victim company, he/she did not have the intent or ability to pay the loan amount normally because he/she did not want to use it for the purpose of repayment of the loan, living expenses, etc. after having raised the loan from the victim company.

Nevertheless, the defendant acted as if he were to repay the loans normally and concluded a loan contract with the victim company, and he received loans equivalent to 56 million won in total from the victim company twice, and acquired financial profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A summary of G's statement;

1. Automobile register;

1. Application of Acts and subordinate statutes to mid-to long-term loan agreements, a statement of deposit details (repaid) and consultation interest (tele and visit);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the nature of the crime is not weak in light of each of the crimes of this case, and the sum of the amount obtained by deception; (b) the defendant confessions and reflects each of the crimes of this case; and (c) partly repays through the debt adjustment through the Credit Counseling and Recovery Committee; and (d) repay

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