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(영문) 대구지방법원 2017.06.30 2017고단1588

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant: (a) borrowed KRW 12,00,000 from the Bank in the case of Appon Savings Co., Ltd. and agreed to repay the above loans in monthly installments to the damaged company for 36 months.

However, at the time, the defendant did not have a certain occupation or profit but did not want to pay the above loan to the lender immediately after he purchased the above vehicle, which was the situation where the defendant paid the debt through the card return prevention, and the defendant did not want to provide the loan to the lender as security and to lend the fund to the lender.

After all, the Defendant made a false statement as above, and caused the victim to pay KRW 12 million to the above (State) around January 19, 2016, and acquired property profits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police suspect interrogation protocol against the defendant or C;

1. Application of the respective Acts and subordinate statutes to the accusation, the detailed statement on the vehicle, the written statement (E preparation), the investigation report (in relation to mandatory insurance and attachment to the ledger of vehicle registration), the investigation report (in relation to the F phone statement by a witness), the investigation report (in relation to the F phone statement by a witness), or the application of video-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) (see, e.g., Supreme Court Decision 2008Da1448, Apr. 2, 2008) (see, 2007)).