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(영문) 광주지방법원 목포지원 2015.09.11 2014고단1135 (1)

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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 and C are the mother and child.

On December 6, 2012, the Defendant and C conspiredd to borrow a heavy truck purchase cost and a wing wing wing winging installation cost in the name of C from the Victim Capital Co., Ltd., and C concluded a loan agreement with the Defendant to obtain KRW 67 million from the victim’s employees and the Defendant to obtain KRW 1820,000,000 for each month, when purchasing a heavy car truck with KRW 4.5 tons at the ELP office located in Daegu-gu, Daegu-gu, Daegu-gu, 74. On December 6, 2012, the Defendant purchased a heavy truck with KRW 7,000 from the victim’s employees and the Defendant to obtain KRW 67,000,000 for each month.

However, in fact C had no property under its name at the time and had no particular income except a monthly wage of 1.3 million won per month, and the Defendant was liable for 25 million won without any property or income under its name, and the Defendant and C did not have the intent or ability to repay the loan normally even if they received the loan from the victim as above.

The defendant was given 67 million won as a loan from the victim, that is, from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. C and each statement of the defendant in the second trial records;

1. Examination protocol of suspect C by the prosecution;

1. Statement to E by the police;

1. A written application for the flusium and a written agreement on the flusium with the flusium and the flusium;

1. The application of Acts and subordinate statutes to investigation reports and investigation reports;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Basic area, from June to June 1.