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(영문) 광주지방법원 2019.06.27 2019고단263

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 13, 2017, the Defendant: (a) purchased DK9 high-class passenger cars in Seo-gu, Gwangju; (b) concluded a loan agreement with the victim E Co., Ltd. on the condition that “the principal of the loan: 25 million won; (c) the period of loan: 18 months: 13.4%; and (d) the monthly interest rate: 13.4%; and (c) the monthly interest rate: 1546,700 won; and (d) agreed that the Defendant would pay the principal and interest for the month when the Defendant borrowed the above high-class passenger car from the victim as collateral.

However, in fact, the Defendant did not have a driver’s license, and if the Defendant purchased the said K9 medium and high-class vehicle, he planned to leave the said vehicle as a security to another person and borrow funds, and the Gwangju District Court did not have any particular property and did not pay KRW 2,200,000 for the employee who retired from his service from October 19, 2016 to March 19, 2017.

‘The reason why the employer was punished for a violation of the Labor Standards Act was not sufficient to the extent that the employer was punished for the violation of the Labor Standards Act, and there was no intention or ability to pay the monthly principal and interest to the victim properly by setting the deadline for the payment of the monthly principal and interest to the victim, due to the situation in which the employee was employed as a worker at the construction site and there was no economic ability

On December 13, 2017, the Defendant, who was delegated by the victim, by deceiving the employees of C, as above, and thereby, acquired financial benefits equivalent to the above amount by borrowing and remitting KRW 25 million as the purchase price for the DK9 and the FF Bank account (G) in the name of CF Bank account in the name of CF Bank account (G) from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. An application for a secondhand debate (loan);

1. Application of Acts and subordinate statutes on deposit;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the accused.