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(영문) 서울남부지방법원 2020.08.19 2020고정68
사기
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 2018, the Defendant made a false statement to the victim E, a corporation operated by the victim D, located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul Credit Guarantee Fund, stating, “A loan may be granted to the victim up to KRW 8-1 billion if the loan was examined by the Seoul Credit Guarantee Fund, and KRW 2 billion. In order to obtain a loan, expenses, such as street, need to be borne, but at the expense of paying KRW 10 million, it would be possible to obtain a loan.”

However, even if the defendant received expenses from the victim, he did not have the intention or ability to get the victim loans.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of F Co., Ltd. around February 1, 2018.

Summary of Evidence

The first police interrogation protocol against the defendant

1. Application of the details of statement, written contract, and transfer certificate to D;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Punishment of the same kind of punishment, suspension of execution, the fact that there is the record of a fine, the background, method, and content of the instant crime, the degree of damage, etc. is not good in light of the nature of the crime, and circumstances favorable to the fact that the agreement with the victim or the damage was not reached or the damage was not recovered: As above, the confession of the Defendant at an investigative agency shall be determined as ordered by taking into account all the conditions of the argument and the sentencing indicated in the record of the instant case, such as the circumstances and the Defendant’s age, character and behavior

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