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(영문) 대전지방법원 천안지원 2017.11.23 2017고단2175
사기
Text

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

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2016, the Defendant: (a) on March 8, 2016, to the victim C in the Northern-gu, Seoan-gu, Seoan-gu; (b) “Isthm parents also cause annoying, annoying, annoying, and payment is needed.”

A loan shall be granted at the 2nd group of the Development Bank Co., Ltd., the Development Bank of the Bank of Korea, and the Development Bank of the Bank of Korea, and a joint and several guarantee will be repaid by April 30, 2016.

If a parent does not pay the money, he/she will pay the money with a few million won of the money that he/she is entitled to have.

“A false statement” was made.

However, in fact, the Defendant did not have any special property due to bad credit standing, and monthly income is merely 2.5 million won, while the Defendant was unable to repay the obligations of several million won, such as loans to existing loan companies, so even if the Defendant received a loan with a joint guarantor, he did not have the intent or ability to repay the loan as promised or to resolve the joint and several guarantee of the victim.

On March 8, 2016, the Defendant enticed the victim, and caused the victim to obtain the financial profit equivalent to the amount of the loan, by having the borrower jointly and severally and severally guarantee the total amount of 16 million won of the loan to the lending company, such as the loan of the L.S. and the future loan of the L.S. in the dispute settlement bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (C);

1. Application of Acts and subordinate statutes on loans to two copies of written confirmation of full payment, a copy of a process deed, and loans;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (a comprehensive selection of imprisonment, with prison labor);

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no basic area (6 months to one year and six months) [the person subject to special sentencing] [the decision of sentencing] [the details of the instant crime, the method and profits of deception, the relationship between the Defendant and the victim, the Defendant’s primary offender who has no record of criminal punishment, etc.

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