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(영문) 광주지방법원 순천지원 2015.01.28 2014고단1515
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On April 4, 2013, the Defendant made a false statement to the effect that “D’s dump truck is difficult to obtain a loan from a lending company because of low credit rating when intending to purchase dump truck from the victim in D’s cosmetic operated by the victim C, Macheon-si, B.”

However, the personal debt was approximately KRW 50 million, and there was no intention to purchase dump trucks with the loan, and even if the victim was set up and received the loan as a joint guarantor, there was no intention or ability to repay the loan.

As above, the Defendant, by deceiving the victim as above, had the victim pay the amount of KRW 4 million for the loan of KRW 4 million for the loan of KRW 4 million for the loan of KRW 4 million for the loan of KRW 4 million for the loan of KRW 4 million for the loan of KRW 16 million for the loan of KRW 4 million for the loan of KRW 16 million for the loan of KRW 16 million for the loan of KRW 4 million on April 5, 2013, and had the victim pay the loan of KRW 16 million for the loan of KRW 4 million for the loan of KRW 16 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (Attachment of copies of bankbooks of suspects), investigation report (Attachment of copies of joint and several guarantee contract), investigation report (Attachment of detailed statement of payment, such as interest, etc. on joint and several guarantee of a complainant);

1. A copy of a contract, such as future crypt loan, and a copy of the account transactions in the complainant's name;

1. Application of Acts and subordinate statutes on the loan certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant is against the defendant, the fact that the defendant agreed with the victim, and the scale of damage);

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