logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2020.06.17 2019고단3351
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

On February 2, 2018, at a place where it is difficult to know on or around February 2, 2018, the Defendant stated that “The credit rating is not good that it is required to obtain the loan at present, and the Defendant applied for a preferential loan in the name of four in the lending company because the credit rating is stable, and if the loan is loaned, the amount would be transferred to the lending company and the debtor status that it borrowed in the name of four, and the Defendant would have to receive and resolve the loan from another bank on February 2018.”

However, the Defendant had a credit rating of 90,000 won at the time, and had a debt of 40,000 won in total. Therefore, the Defendant did not have the intent or ability to immediately repay the loan borrowed under the name of the victim or by obtaining the loan from another bank.

Nevertheless, the defendant deceiving the victim as above and let the victim borrow a loan, and then stated the facts charged on February 8, 2018 as seven days, but according to evidence, it is clear that it is a clerical error of eight days, and even if it is corrected in light of the investigation and the process of litigation, it does not hinder the defendant's exercise of right to defense.

As such, it shall be corrected ex officio.

The loan was transferred to the 34 million won account in the name of the defendant with the Kakao Bank account.

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement by prosecution;

1. Application of Act and subordinate statutes in one copy of the statement statement made by the police with respect to B, the list of crimes, the conversation between the suspect and the complainant, the details of the transaction, the details of the Kakakakao Stockholm dialogue between the suspect and the complainant, the investigation report (report attached to A credit information) and a copy of the C reply data;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. Orders for compensation and orders for compensation;

arrow