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(영문) 춘천지방법원 강릉지원 2018.01.17 2017고단90
사기
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 20, 2016, the Defendant: (a) No. 203 of D Building 203, which is the Defendant’s residence of the Defendant located in Gangseo-si, and (b) No. 29 years old; (c) No. 3 million won of loans for the loan of the previous (State) MK Capital that the Defendant jointly and severally guaranteed; (d) interest rate of KRW 6 million of loans for the loan of the safety loan; and (e) interest rate of KRW 10 million is high; and (e) the Defendant was a person who repaid the loan of the said lending company in four names and repaid the loan of the said lending company in the name of KRW 10 million; and (e) as the head of the security team at the present home and at the beginning of August 2016.

However, even if the Defendant received a loan under the name of the victim, the Defendant thought that the said money would be consumed due to entertainment expenses and living expenses, etc., and the said money did not have any intention to repay the Defendant’s debt that had been jointly and severally guaranteed by the victim, and at the time, the Defendant did not have any intention or ability to repay the Defendant’s debt within the date of promising the

Nevertheless, the Defendant deceiving the victim as above and had the victim obtain a loan of KRW 10,000,000 from the National Treasury of NH Savings Bank using the sunlight.

Summary of Evidence

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to a complaint, investigative report (a certificate of subrogation and a detailed statement of deposit transactions), details of passbook transactions, certification of loan repayment, subrogated repayment certificate, detailed statement of loan transaction in the year-to-year interest loan, investigation report (verification of communications data) and investigation report (based on confirmation of communications data);

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. Article 25(3)3 and 4, Article 32(1)3 and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of Defendant’s liability for compensation exceeding the amount of damage indicated in the facts constituting a crime as indicated in the judgment) is clear.

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