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(영문) 대구지방법원 의성지원 2017.10.19 2017고정17
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2014, the Defendant was sentenced to one year of imprisonment with prison labor or two years of suspension of the execution of special duties at the Busan District Court, and the judgment became final and conclusive on June 21, 2014. On August 29, 2014, the above court was sentenced to four months of imprisonment with prison labor or eight months of imprisonment with prison labor due to fraud, etc. and the said judgment became final and conclusive on September 1, 2014. On October 7, 2014, the above court was sentenced to one month of imprisonment with prison labor for fraud and the said judgment became final and conclusive on October 15, 2014.

On April 7, 2014, the Defendant purchased Eststrento C with the Eststrento, around Busan, and borrowed KRW 11 million on the condition that the said vehicle would be repaid at 36 months in installments as security by the victim KF Capital Co., Ltd. (the transferee PelC Loan Co., Ltd.).

However, it was difficult for the Defendant to prepare for living expenses due to the lack of circumstances, and there was no intention or ability to repay the principal and interest of the loan even if the Defendant received the loan from the victimized company due to the absence of any particular income from the occupation stated in the loan application.

Nevertheless, as the Defendant would normally repay the loans, the Defendant prepared a brief statement of the middle loan loan and received the delivery of KRW 11 million from the damaged company as a collateral loan for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A heavy loan agreement, and the motor vehicle registration ledger;

1. Records of crimes in its ruling: Application of three copies of the judgment attached to an investigation report (Attachment to the records of punishment for the same kind of defendant);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are that the defendant recognized his/her mistake and reflects his/her mistake, and the equity between the case where the defendant was judged simultaneously with the special obstruction of public duties in the judgment, fraud, etc.

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