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(영문) 춘천지방법원 속초지원 2014.01.22 2012고단374

사기

Text

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

Reasons

Punishment of the crime

Around February 2, 2006, the Defendant, along with C, borrowed the part to be resolved by us and run normally if only KRW 70,000,000,000,000,000,000 won is to be settled and the part to be resolved by us. If the Defendant borrowed KRW 70,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.

However, at the time of the fact, the Defendant, at the time, has been running by the Defendant and C with a debt of KRW 140,000,000,000 for the management of the collection, such as the frequency of personal injury and credit rating, and the Defendant has been liable for the debt of financial institutions. From September 2004 to September 200, the Defendant did not have an intention or ability to pay the debt of financial institutions up to KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won.

Around February 3, 2006, the Defendant, in collusion with C, by deceiving the victim as above, received 70 million won from the victim to the Agricultural Cooperative Account (I) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the protocol of prosecutorial statement concerning C;

1. Statement of the police statement concerning F;

1. Application of each copy of a loan certificate, a copy of a loan certificate, a copy of a copy of each registration right, a copy of each registration certificate, each specification of transactions, and a copy of each receipt without passbook;

1. Relevant legal provisions for criminal facts, Articles 347(1) and 30 of the Criminal Act for the choice of punishment, grounds for sentencing of imprisonment [the scope of punishment] for not more than 10 years (the scope of punishment recommended] imprisonment with prison labor for not more than 6 months from June to June, 1.