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(영문) 창원지방법원 진주지원 2016.10.26 2015고단431

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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 January 27, 2016, the Defendant was sentenced to one year of imprisonment for fraud in the Jinwon District Court's Jinju branch, and the judgment became final and conclusive on February 4, 2016.

On July 11, 2013, the Defendant concluded that, at the D retail shop located in Scheon-si, the Defendant purchased a fright passenger car equivalent to KRW 13,530,000 at the market price, and concluded to the effect that, “on July 11, 2018, the Defendant would pay KRW 10,800,000 each month in installments every 60 months until July 11, 2018, to the employees in charge of the name failure to pay KRW 10,80,000 out of the vehicle price.”

However, because there was no fixed source of income at the time, the defendant did not have the intention or ability to repay even if he received a loan from the victimized company.

Ultimately, the Defendant deceivings the victimized company as above, and took out a loan of KRW 10,800,000 from that place.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by E;

1. Application form for a new job of modern capital, information inside and outside the examination unit, details of claims, and details of deposits;

1. Previous convictions: Investigation report (verification of facts pending in court), copy of indictment, judgment and application of Acts and subordinate statutes of the inquiry into cases;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. In light of the following: (a) the Defendant received a loan without any ability to repay or pay the loan; and (b) the Defendant appears to have no intent to repay the loan from the time of the instant loan because he did not fully repay the loan even after the instant loan provided a car as security and received a separate loan after the instant loan; and (c) the company’s damage amount reaches KRW 108 million, the Defendant’s criminal liability is not less than the Defendant’s criminal liability.

However, the defendant reflects his criminal act at the latest, and the defendant's criminal act in this case and the criminal law.