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(영문) 광주지방법원 2013.12.04 2013고단2919
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

In fact, the Defendant did not have an intent to hold the above mining pool even if the Defendant obtained the above mining pool loan from the two capitals Co., Ltd., and in collusion with the loan business operator who did not have an intent or ability to repay the loan in accordance with the agreement, and acquired pecuniary profits equivalent to the above amount by making a mortgage on the E mining season at the D office dealing with the loan business of the victim two capitals Co., Ltd. at the Daegu-gu C and the second floor around November 2, 201 and at the rate of 22% per annum for 36 months, the Defendant applied for a loan of 25 million won at the interest rate of 954,770 won per month, on condition that the principal and interest shall be repaid at the rate of 22% per month for 36 months.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the laws and regulations on witness G, H and I’s statutory statement, and partial statutory statement by the witness J

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant has no past record of criminal punishment);

1. Social service order under Article 62-2 of the Criminal Act;

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