사기
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.
Punishment of the crime
On March 4, 2013, the Defendant loaned the principal and interest of the loan for a period of 60 months to D, a loan consultant affiliated with the victim shot Capital Co., Ltd., in front of the national bank in Chuncheon-si B around March 4, 2013.
“.........”
However, the defendant did not have the intention or ability to repay the loans from the victim even if he received the loans from the victim, because the loans from the financial institution at the time were 40 million won and there was no clear occupation or income.
Nevertheless, the Defendant, by deceiving the victim as above, was transferred from the victim to the national bank account (Account Number: E) in the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Complaint;
1. A copy of a written application for a loan by a lot;
1. Application of Acts and subordinate statutes to a copy of a letter of loan transactions;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a sentence] The reason for sentencing of Article 62(1) of the Criminal Act of the suspended sentence [decision of a sentence] below 100 million won (decision of a recommended sentence] The basic area [the scope of recommendation] from June to June 1] of the basic area [the main reason for suspended sentence] - In a case where the positive damage is considerably small or considerable damage is recovered: In a case where there is a negative criminal record of the same kind of crime or where there is no positive reason for suspended sentence on more than two occasions, the reason for suspended sentence - In a case where there is a positive basic livelihood and medical expenses, etc. (decision of a sentence of sentence] has no record of criminal punishment heavier than that of the same criminal record and fine within the last ten years, and there are more favorable circumstances such as the expression that there is an intention of reflectness at the time of the crime of this case.