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(영문) 대전지방법원 2016.03.18 2015고단3627
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant had a personal obligation of approximately KRW 150 million, and even if the performance record of camping car manufacturing was insufficient to obtain a loan from the injured party, he did not have the intent or ability to repay the purchase price, and he was able to purchase the softener and then sell the money to Broker.

Nevertheless, on February 26, 2015, the Defendant applied for a loan of the funds necessary for the purchase of the scood loan to a staff member in charge of the management of the scood loan in which the name of the scood Capital of the victim can not be known at the hotel seat located in Daegu on or around February 26, 2015, and submitted an agreement to set up a mortgage on the above scood loan as if the loans would be repaid normally, and received from the injured party a delivery of KRW 94,050,000 as a loan around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to an application for a new discussion;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 62Da1800, Jan. 1, 2000>

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