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(영문) 광주지방법원 2018.04.18 2018고단344
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2] On September 21, 2016, the Defendant was sentenced to imprisonment with prison labor and two years and six months for fraud, etc. in the Gwangju District Court’s net support on September 21, 2016. The above judgment became final and conclusive on February 10, 2017.

On May 18, 2017, the Defendant was sentenced to imprisonment for eight months at the Gwangju District Court for fraud, and the above judgment became final and conclusive on November 21, 2017.

On June 12, 2017, the Defendant was sentenced to two months of imprisonment with prison labor due to the unlawful conduct of official documents in the Gwangju District Court's branch on June 12, 2017, and the above judgment became final and conclusive on December 7, 2017.

[2] On February 11, 2016, the Defendant purchased the Defendant’s vehicle at an insular area (hereinafter referred to as the “Insular area”) and entered into a loan agreement with the victim’s KB Capital on a yearly interest rate of 20.9%, and 376,237 won per month on a monthly basis for 36 months.

However, since the defendant did not have any special revenue at the time and had a debt of about KRW 100 million, there was no intention or ability to repay even if he received a loan from the injured party.

As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 10 million from the injured party on February 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Application form, certified copy, and credit information of the medium and large debate;

1. An order for payment or credit information inquiry;

1. Previous records: Application of inquiry letter, investigation report (including the previous records and accompanying documents, and accompanying documents), each case search and copy of judgment, and the Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine (the details of a crime, the status of a victim and amount of damage, and equality in comparison with cases where judgment is rendered simultaneously with each crime of the first head of the judgment, etc.);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the same Act shall be limited to crimes provided for in the judgment and first head of the judgment that became final and conclusive;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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