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(영문) 대구지방법원 김천지원 2015.05.20 2015고단261
사기
Text

A defendant shall be punished by imprisonment for four 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 December 10, 2014, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for the crime of indecent act by force in the Daegu District Court Kimcheon branch on December 18, 201, and the said judgment became final and conclusive on December 18 of the same year.

On May 2012, the Defendant purchased construction machinery under the name of the Defendant, along with a loaner B and a person in unsound name, with a loan for purchasing construction machinery in the name of the Defendant, and conspired to dispose of it immediately and use it in installments.

On May 18, 2012, the Defendant entered into a loan agreement with the employee in charge of the two capital loan for the victim in the name of the defendant in the company in Busan, with the above B and the name in the name in the name in Busan, and agreed to pay the loan of KRW 11 million in installments over 36 months and not to dispose of the loan for the purpose of the loan without the company's consent until the full repayment of the loan.

However, in fact, the defendant purchased the vehicle for which he had to sell it immediately to finance it, and at the time, he did not have any intention or ability to repay the loan as agreed, since he did not have any specific income from the debt of KRW 70,000 at the time.

The Defendant, by deceiving the victim as above, received KRW 11 million from the victim under the same day as the loan money.

Accordingly, the defendant, in collusion with the victim B and the person in unsound name, received the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A statement of investigation (Submission of Materials by Complainant), one copy of the Integrated Inquiry into Credit Information of the Federation of Banks, one copy of the Integrated Inquiry into the Credit Information of the Federation of Korea, and one copy of the Credit Information Inquiry into KCB;

1. Agreements on loans against security, construction machinery register (D) and details of account transactions;

1. Previous convictions: Application of one copy of the judgment attached to criminal records and trial records;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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