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(영문) 광주지방법원 목포지원 2018.11.16 2018고단655
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2017, the Defendant was unable to pay the vehicle to the victim C, who was an elementary school, at an elementary school on March 20, 2017.

For use in the vehicle price, 80,000,000 won loaned in four names at present and 2 months after the loan, the name of the loan obligor can be changed and the principal and interest can be changed from the domestic account.

“A false representation was made.”

However, the vehicle price that the Defendant had not paid at the time is a total of KRW 40 million, and the Defendant intended to spend half of the vehicle price in gambling expenses or cost of living if he borrowed KRW 80 million from the injured party. The Defendant had no intention or ability to change the name of the debtor of the loan, or to repay the loan, even if he borrowed money from the injured party amounting to KRW 110 million.

The defendant deceivings the victim as above, and around March 21, 2017, the victim was issued a copy of the check at 78,770,000 won, which is part of the amount loaned by four financial institutions, such as JT-Friendly Savings Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to accusations, details of loans, details of issuance of checks, details of each credit transaction, detailed statement of each credit transaction, statement of transaction by account, age assessment information, response data to a stock company (credit information history);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment] is the mitigated area (100 million won or less) (1 month or year to 1 year), / In a case where punishment is not imposed or considerable damage is recovered (the decision of sentence], the defendant has a history of being sentenced to criminal punishment of a fine for the same kind of crime, and this case is the case.

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