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Reasons
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(영문) 창원지방법원 진주지원 2016.03.30 2015고단1314
사기
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A defendant shall be punished by imprisonment for six 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 22, 2015, the Defendant would pay 450,000 won as interest to the victim E by borrowing KRW 15,00,000 from the D office located in the Haan-gun, Haan-gun, Hanam-gun, the Defendant borrowed KRW 15,00,00 from the D office to the victim E.

If the money is not paid within one month, the machinery in the factory is brought up."

However, in fact, since November 2014, the Defendant failed to operate a factory normally, and paid interest of KRW 13.7 million on loans around December 2014. As a result, it was caused by the seizure of factory machinery from the bank, the Defendant did not have the intent or ability to repay borrowed money within one month even if borrowed money from the damaged party. For business, the Defendant had no intention to transfer the factory machinery to the victim because it was inevitable to continue to use the factory machinery.

Around January 23, 2015, the Defendant, by deceiving the victim, received KRW 14.55 million from the victim to the account in the name of D operated by the Defendant from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement E in the suspect examination protocol of the prosecution;

1. Statement made by the police for E;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that a sentence shall be imposed in consideration of various circumstances, including the following: (a) the nature of the crime is inferior, such as failure to implement the promise over several occasions; or (b) the amount of obtaination, motive, means and consequence of the crime, the situation after the crime is committed,

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