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(영문) 대구지방법원 2019.01.24 2018고단4114

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Around November 16, 2016, the Defendant purchased D D D D D D D D D D D D D D D D D D D D D D D D's vehicle and received a loan from the LA and the victim company employees in charge of the management of the victim company with the intent to purchase the said vehicle and carry out the freight transportation business and to repay the loan with profits, and received a loan from the victim company with a view to establishing the right to collateral security on the said vehicle.

However, the Defendant, even if purchasing the above vehicle, did not intend to perform cargo transport duties, and did not intend to set up a collateral on the above vehicle. Despite the fact that the Defendant did not have any occupation at the time, the Defendant had no intention or ability to pay the loan with the income of the Defendant, the Defendant provided the above vehicle as collateral and provided the remainder of the cost of living, such as marriage expenses, and paid the loan by carrying out cargo transport business, thereby deceiving the employees in charge of the victim company, thereby deceiving the employees in charge of the trucking business, thereby deceiving the victim company from doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and G;

1. A complaint;

1. H letters, credit transaction agreements, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements at the I Telephone of a reference witness), investigation report (to submit a report on the details of transactions of admission and withdrawal from a reference G);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The amount of defraudation is a large amount; the circumstances favorable to the fact that the instant crime has been committed even though there have been several punishments for the same crime: The confession and reflection; the payment of approximately KRW 31,00,000 out of the amount of defraudation; the victim and the victim have agreed smoothly; and the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime; and the circumstances after the crime are revealed in the instant pleadings.