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(영문) 광주지방법원 2013.12.19 2013고단3172

사기

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a construction business operator, and since August 201, he was unable to receive only 1,2 cases of construction from around 201 to around one month due to a sudden reduction of construction cost. On the other hand, there are almost no profits, but there is no intention and ability to repay the funds even if they are borrowed from the victim C.

Nevertheless, the defendant, as the representative director, received orders from the Corporation as a corporation, and tried to borrow money to the victim for the purpose of business funds.

At around 16:00 on March 9, 2012, the Defendant: (a) was parked in the vicinity of the Gwangju Mine Winterdong-gu, Gwangju, the Defendant: (b) received the victim’s account on the same day from the victim to transfer KRW 50 million to the Defendant’s account on the same day on the same day. (c) The Defendant: (d) received the construction cost to be paid from the company that has completed the construction; (d) received the construction from the company that has completed the construction, and (e) borrowed the funds of KRW 50,000,000,000 to KRW 50,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of C’s legal statement;

1. Legal statement of F;

1. Application of the relevant Acts and subordinate statutes to the statement of remittance or receipt of loan;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The execution of a sentence under Article 62(1) of the Criminal Act shall be suspended, in consideration of the following: (a) the defendant, who has the reason for sentencing under Article 62(1) of the Criminal Act, repaid the amount of KRW 15 million in 2012 and repaid a considerable amount of money, such as deposit for the victim in the course of the instant trial; and (b) the defendant, who has no criminal record of the same kind of offense, shall be punished by imprisonment