(영문) 전주지방법원 2013.10.17 2013고단1647

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(영문) 전주지방법원 2013.10.17 2013고단1647

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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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2008, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (organizationing activities of organizations, etc.) at the Jeonju District Court, and the judgment became final and conclusive on July 4, 2008. On February 3, 2010, the Defendant was sentenced to two years of suspension of execution on June 11, 2010.

At around 19:00 on April 20, 208, the Defendant: (a) was in a state of bad credit from around 2003, the Defendant was in a state of bad credit; and (b) was transferred from around 2003 to an account in the name of motherF’s name on April 28, 2008, the Defendant borrowed money from the victim even if he did not have an ability to repay the money; and (c) did not have an ability to repay the money, it would be necessary to reduce the amount of KRW 20 million for the Defendant’s business to pay the principal and interest of KRW 2,00,000 per week. It would be necessary for the Defendant to lend money to the victim. In three months, it would be necessary to repay all the principal and interest of KRW 300,000 per week.”

Accordingly, the Defendant acquired 14 million won from the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, etc., inquiry inquiry reports, and search, etc. (including attached data) of suspect criminal records;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is more favorable than that of Article 62(1) of the Criminal Act (i.e., the fact that the Defendant was led to a confession of and against the crime, the degree of deception is not strong as a simple loan fraud, 1.5 million won has been repaid at the same time as the crime finalized in the judgment, and the principle of equity should be considered at the same time as

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