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(영문) 춘천지방법원 2013.09.26 2013고단628
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant made a false statement to D, an employee in charge of loans from the victim Aju Capital Co., Ltd., a company operating an automobile, that is, to purchase Lno 4.5 tons of trucks in the office of Gwangju Mine-gu, the Defendant purchased 25 million won on the face of a week by borrowing 25 million won from September 20, 2012 to August 20, 2015 that “The first time from September 20, 2012 to August 20, 2015 would make a cargo transport business and pay the principal and interest in 1,174,630 won, and 890,070 won from twice to 36 times.”

However, at the time of fact, the defendant had already been liable for 25 million won and had no intention or ability to repay the loan even if he has received the above money by getting out of his living without any special property.

As above, the Defendant, by deceiving the above D, entered into installment financing agreements on its job from the above D, and purchased the said truck with loans of KRW 25 million as above.

Accordingly, the defendant, by deceiving the above D, acquired pecuniary benefits equivalent to the above D's loans.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Complaint;

1. A written application for the redemption of the issuer, or a written agreement for the redemption of the issuer;

1. Application of Acts and subordinate statutes on details of receipt of the principal and interest of disposable discrimination;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] The basic area of the sentence below 100 million won [Determination of the recommended area] The basic area [ extent of the recommendation area] from June to June 1 year [whether or not the execution of sentence is suspended] - The main reasons for the suspension of execution - In a case where the positive damage is considerably small or considerable damage is recovered, the reason for the suspension of execution - In a case where the positive damage is considerably small or considerable damage is recovered - The reason for the suspension of execution has a negative criminal record of the same kind or more than twice, or where there is no positive criminal record of the suspension of execution - the reason for the suspension of the execution of the sentence

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