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(영문) 광주지방법원 목포지원 2015.01.23 2014고단1135
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and C are the mother and child.

On December 6, 2012, the Defendant and C conspiredd to obtain a heavy truck purchase cost under the name of the Defendant from the Defendant and to obtain a wing wing strawing installation cost, and the Defendant issued his identification card and seal to C, and C concluded a loan contract with C to obtain a loan of KRW 67 million with the employees of the victim company and KRW 1820,000,000,000,000,000,000,000,000,000,000,000 won, from the EL office located in Daegu-gu, Seo-gu, Daegu-gu, 74. On December 6, 2012.

However, the Defendant had no property under his/her name at the time, and did not have any other income except a monthly wage of 1.3 million won per month. C was liable for 25 million won without any property or income under his/her name, and the Defendant and C did not have the intent or ability to repay the loan normally even if they received the loan from the victim company as above.

C was granted 67 million won as loans from the victim company, that is, the victim company.

Accordingly, the defendant was given property by deceiving the victim company in collusion with C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Statement to E by the police;

1. A report on investigation (teleline survey) and a report on investigation (attached details of loans);

1. Application of Acts and subordinate statutes to a written application for the flusium flusium, and to a written contract with the flusium flusium;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);

1. The suspended execution is against Article 62(1) of the Criminal Act, the degree of the crime is considered to be light and that the criminal intent is to be taken by deception, there is no record of criminal punishment, and the defendant's age and family relationship together with the fact that the health status is not good.

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