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(영문) 창원지방법원 2017.08.09 2017고단1606
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal Records] The case: the judgment rendered on July 6, 2017 by Changwon District Court: Imprisonment with prison labor for one year/ suspended sentence, two years of community service, and 120 hours of community service: July 14, 2017; / [criminal facts] The defendant is required to obtain a loan from Changwon District Court D on July 13, 2014 because he/she has no money to remove things while operating clothes.

There is no problem that the amount of KRW 5 million has been sold in one month, and that the amount of the loan remains at least 50% at the face of the sale of the goods has to be repaid. In addition, there is no loan in any other place, and there is no obligation.”

However, the defendant had had a large number of obligations against the lending company, and the defendant had no intention or ability to repay the loan even if the injured party received the loan by granting a guarantee.

Nevertheless, on July 15, 2014, the Defendant had the victim sign on the joint guarantor column of the loan transaction agreement of the lending company, and received a loan of KRW 10 million from the loan of Alley, Co., Ltd., Ltd. and KRW 10 million on July 16, 201.

After that, the defendant acquired financial benefits equivalent to KRW 20 million by allowing a person who is a joint guarantor to repay the loan on behalf of the person who is a joint guarantor without paying the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning a crime and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 of the Criminal Act: Provided, That Article 39 (1) of the Criminal Act shall apply to the detention in a workhouse;

1. Sentencing sentencing under Article 334 of the Criminal Procedure Act (undetermineding the sentencing criteria: Cases of application of Article 39 of the Criminal Act): The sentence of six months: The grounds for aggravating a fine of KRW 5 million: Use of personal trust, recovery of damage, etc.: Confession, non-compensation of the victim's punishment, and criminal records, etc. of concurrent crimes under Article 37 of the Criminal Act;

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