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(영문) 수원지방법원 안양지원 2012.05.31 2011고단740
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant: (a) was a person operating the Danyang-gu C&A in 2009, (b) from the mid-term 2009 to the reduction of students and (c) the operation of the enemy, which led to the failure to pay taxes; (c) on May 2010, the financial situation was continuously omitted; (d) the Defendant and C&A’s debt amount reached KRW 2.2 billion and the interest paid every month was at least eight million won; (e) the vehicle purchased with the loan was in the state of having no intent or ability to pay the principal and interest on the loan; and (e) the vehicle purchased with the loan was disposed of in another place and was planned to use it for the payment of the existing obligation. Nevertheless, around May 12, 2010 and May 14, 2010, the Defendant purchased the loan from the office of the Dan-gu 3200,000,0000,000 won under the name of the Defendant and 40,000,00,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to each new installment savings agreement, each register of motor vehicles, details of redemption lines, and details of deposits;

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

1. Suspension of execution is the victim under Article 62(1) of the Criminal Act;

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