(영문) 수원지방법원 2015.04.02 2014고단6535

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자간(%)

(영문) 수원지방법원 2015.04.02 2014고단6535

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 3, 2013, the Defendant: (a) prepared an application for a loan transaction with respect to KRW 30 million on a yearly interest rate of 9.4%; and (b) submitted to the said B a letter of commitment stating “no corresponding matters” to the “actual status of the application for a loan with respect to other financial institutions” to the effect that the Defendant applied for a loan to the Defendant’s future life insurance company for the victim, Inc.; and (c) submitted to the said B a letter of commitment stating “no corresponding matters” to the “actual status of the application for a loan with respect to other financial institutions”.

However, on July 2, 2013, the Defendant had already been granted KRW 37,00,000 from the Bank of Korea, and KRW 14,299,00 from the Bank of Korea on the same day. On July 4, 2013 on the following day, the Defendant planned to obtain a loan of KRW 25,00,00 from the Saemaul Savings Depository. However, the Defendant did not have any other financial institution loan details by using the fact that the details of the loan are not inquired within 2-3 days, and even if the Defendant was granted a loan from the victim, there was no intention or ability to repay the loan due to excess of the debt.

As such, the Defendant, by deceiving the victim, received 30 million won from the account of community credit cooperatives in the name of the defendant under the name of the victim for the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes of an application for loan transaction, a letter of undertaking, and credit information inquiry;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Basic area (two months of imprisonment to one year) of category 1 (less than 100 million won) shall be limited to the scope of recommendations on the sentencing criteria; and

2. A sentence shall be imposed in light of the fact that the amount of damage determined by the sentence is equivalent to 30 million won, but the damage has not been repaid at all.

The sentence recognizes the crime as fraud amount and the primary crime, and reflects it.

참조조문

-형법 제347조 제1항

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