beta
(영문) 대구지방법원 포항지원 2015.01.22 2014고단1182

사기

Text

A defendant shall be punished by imprisonment for six 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: (a) had a total of KRW 40,00,000,000,000 for dump trucks, and the Defendant was unable to pay the monthly salary of the article employed for the operation of dump trucks for the three months; (b) even if a vehicle was purchased in installments due to not good financial standing, it was difficult for the Defendant to fully pay the installment; and (c) was directly sold the purchased vehicle and was planned to repay the existing debt with the purchase price; (d) on January 9, 2014, the Defendant purchased the hump trucks at the Gump School Points located in Yangyang-dong, Yangyang-dong, and paid the outstanding amount of KRW 30,50,000 for the 60 months from January 9, 2014 to January 15, 2019; and (e) paid the outstanding amount of KRW 307,000,0000,000,0000 for 30,710,7197,000.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a copy of a new installment plan;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including a case where there is no criminal history of the same kind, or a criminal record of a suspended execution or heavier punishment for the defendant; the circumstances leading to the crime of this case; the amount of damage; the health conditions of the defendant; and

1. Social service order under Article 62-2 of the Criminal Act;