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(영문) 전주지방법원 군산지원 2015.10.30 2015고단641

사기

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 28, 2015, the Defendant was sentenced to four months of imprisonment for the crime of indecent act by compulsion at the Jeonju District Court and one year of suspended execution, and the judgment became final and conclusive on September 5, 2015.

【Criminal Facts】

Around November 18, 2009, the Defendant offered FLI car as security to the victim at “E” office operated by the victim D, the victim, stating, “A company operating funds are urgently needed. It is necessary to provide the victim with a strawing car in substance owned by the Republic of Korea as security.” The Defendant borrowed money within one month, stating, “The principal and interest equivalent to 49% per month shall be repaid.”

However, the Defendant had, at the time, a debt equivalent to approximately KRW 20 million with no particular income or property, and the said vehicle was purchased under the name of G and the said G was paid in installments, so the Defendant did not have the right to provide the said vehicle to other persons at will.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Report on investigation (investigation into G phone names) and details of deposits in installments, report on investigation, and details of accounts;

1. A complaint and a copy of a loan certificate;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

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

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning the treatment of concurrent crimes (the crime of indecent act by compulsion on which a judgment has become final and conclusive and the crime of

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] general fraud (less than KRW 100 million) and mitigation area (one month to one year) [Special Mitigation], or where considerable damage is recovered [the decision of sentence] the defendant recognizes and reflects all the crimes, and the crime of indecent act by compulsion in the judgment and the crime of latter concurrent crimes of Article 37 of the Criminal Act are concurrent crimes.