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(영문) 제주지방법원 2016.09.09 2016고단927 (1)
사기
Text

A defendant shall be punished by imprisonment for four months.

However, 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

The Defendant and B, despite borrowing money from the lending company, did not have the intent or ability to pay normally, and did not intend or ability to pay the money to the lending company. The Defendant and B, in turn, conspired to divide the money received from the lending company by deceiving the intent and ability of repayment of occupation and revenue, debt, or guaranteed debt into the name of the lending company.

Pursuant to the above public offering, B, at the D Hospital located in the Republic of Korea of the Dondo, in the order of May 2015, 2015, the victim corporation, by telephone.

The employee in charge of division loan has fixed income of KRW 1,50,000 per month while engaging in the repair business of fishing vessel engines and thus, the principal and interest of KRW 3,00,000 per month shall be repaid every five years on the loan of KRW 3 million.

It refers to the purport that “A” is, around that time, Defendant 1 is the above employee by telephone, who is currently working as a joint and several surety, and received benefits of KRW 2.7 million per month, so there is no problem in the repayment of B’s loan obligations.

“.........”

However, B did not engage in the business of fishing vessel engine repair, and the defendant did not have worked in E, and the account trading statement marked as if the defendant periodically deposited the salary in the account of the defendant in E was false documents made by the above nameless loan intermediary.

As a result, the Defendant and B had conspiredd with the person who was infinites with the victim, and had received 2,98,500 won from the victim’s account on May 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to a copy of the loan contract for full consumption and borrowing, a copy of the joint and several guarantee contract, a copy of the B examination documents, a copy of A examination documents, and a copy

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. The scope of sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is recommended (the fraud crime group, general fraud, general fraud).

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