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(영문) 광주지방법원 해남지원 2015.07.16 2015고단200
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for fraud at the Gwangju District Court, and the judgment became final and conclusive on September 12, 2014.

On May 23, 2011, the Defendant: (a) around 2011, at the victim D’s residence located in Yong-do, Jeonnam-do; (b) it is difficult for the Defendant to repay most of the sales proceeds of the failure to repay the loan interest; and (c) even though the Defendant did not have any intent or ability to repay the money from the loan to the lender, he/she obtained a false statement from the victim to obtain KRW 30 million around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of borrowing;

1. One copy, respectively, of the current status of investigation report (report on the current status of suspect's debts), Nowan Agricultural Cooperatives, and Suhyup Bank loans;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes of one copy of judgment rendered by the Gwangju District Court Decision 2014No1698;

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

1. It is necessary to strictly punish the Defendant when comprehensively considering the following facts: (a) the substantial non-performance of the application of the latter part of Articles 37 and 39(1) of the Criminal Code to concurrent crimes: (b) the actual non-payment of the said statute has already been completed, despite the fact that the payment in kind has already been completed; (c) the victim did not endeavor to pay damages despite the existence of the disposed property; (d) the victim would have suffered property damage as well as mental suffering; and (e) the victim’s bereaved family members want to punish the Defendant; and (e) the Defendant has to be punished: Provided, That the intention of deception is not conclusive; (e) the case is not determined at the same time as the case in the judgment; and (e)

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