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(영문) 대전지방법원 천안지원 2012.12.27 2012고단1415
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

On October 27, 2011, the Defendant: “D” in the Defendant’s operation “D” located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu; “D constructs a gold house; and the construction cost is required. If the Defendant borrowed money, it is necessary to repay the money three months after the loan. The interest will be paid in 600,000 won each month. The Defendant made a false statement.

However, at the time, the Defendant was liable for approximately KRW 110 million with agricultural and personal bonds, etc., and even if the Defendant borrowed money from the victim due to the situation where the Defendant is liable to repay the loan amount of KRW 18 million with some of the borrowed money, there was no intention or ability to repay the money.

As above, the Defendant, by deceiving the victim as above, received 30 million won as the borrowed money from the victim’s position.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning the defendant's statement B in the prosecution examination protocol

1. Protocol of the police statement concerning B;

1. The loan certificate;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes to report on investigation (materials submitted by suspects, etc.);

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Reasons for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Declaration of Provisional Execution [Determination of Punishment] The basic area of punishment below KRW 100 million [the scope of recommendation] [the scope of punishment] six months to one year and six months [the general person] [the scope of punishment] - the applicable provisions of applicable Acts: The serious reflect [the scope of punishment] applicable provisions of applicable Acts: January to ten years [the period of suspension of execution] under Article 347 of the Criminal Act: Unagreement - Major reasons for entry (unlawful): Unagreement - Where the substantial damage is considerably small, or where considerable damage is recovered, it shall be suspended from execution.

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