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(영문) 광주지방법원 목포지원 2018.03.30 2017고정540

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 7, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act in the Southern Branch of the Gwangju District Court on September 7, 2017, and the judgment was finalized on September 15, 2017.

On November 29, 2016, the Defendant borrowed KRW 5 million on the condition that the Defendant redeems the interest and principal from the Victim Co., Ltd. Co., Ltd., a lending company by telephone from the Hapo-dong-dong-si on a yearly basis until November 29, 201, and November 29, 2021.

However, even if the defendant received a loan from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the defendant deceivings the victim and acquired the loan as above.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation (the phone call at the location of the Korea Technology Finance Corporation) and a report on investigation (the confirmation of a suspect's default of national taxes

1. Complaint;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and application of statutes governing the judgment;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the time when the defendant commits a crime, and there is no criminal conviction subject to punishment for the same kind of crime, and the equality in the case of judgment at the same time as the crime of violating the Labor Standards Act for which the judgment has become final and conclusive should be taken into account. Other factors such as the age, sex, and environment of the defendant as indicated in the arguments of this case such as the age of the defendant and the conditions for the sentencing