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(영문) 대구지방법원 서부지원 2017.12.14 2017고단1391
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On June 8, 2012, the Defendant was sentenced to two years of imprisonment with prison labor at the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the stolen) and such judgment became final and conclusive on September 1, 2012.

2. On June 17, 201, the Defendant: (a) applied for a loan of KRW 25 million to a person who is in charge of the lending of the victim Hyundai Capital Co., Ltd. within the lusium in the lusium in the lusium in the lusium in the lusium in the lusium in the lusium in the lusium

However, the defendant had an intention to sell immediately the high-ranking vehicle acquired from a loan from the injured party and make the sale thereof, and there was no intention or ability to repay the principal and interest of the loan in light of the financial situation at the time.

As such, the Defendant, by deceiving a person in charge of lending money of the victim, obtained a loan of KRW 25 million from the person in charge of the above-mentioned fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement of the police suspect interrogation protocol against the defendant

1. Each police statement protocol against B and C;

1. An application for a product of modern capital, an application for a loan from a secondhand loan, a notification of the transfer of claims and acceptance of entrustment, a peremptory notice on the exercise of a right to collateral security, an automobile registration ledger, and an investigation report (Evidence 10);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List 20) statute;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Act on the Suspension of Execution takes into account the following: (a) there are many records of punishment for the same kind of reasons for sentencing; (b) the amount of damage is not large but the amount of damage is recovered; (c) the equity with the case of the previous conviction as stated in the latter concurrent crimes after Article 37 of the Criminal Act should be taken into account; (d) the age, sex behavior, intelligence and environment of the defendant; and (e) the motive for the crime, such as the fact that considerable time has elapsed from the

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