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(영문) 전주지방법원 군산지원 2015.09.14 2014고단226
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 23, 2008, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the Jeonju District Court’s military mountain support, and completed the execution of the sentence on June 29, 2009.

On May 17, 2012, the Defendant purchased a secondhand car at the office of the Seoul Special Metropolitan City, Gwangju-si, B 427, the High High-gu, Seoul Special Metropolitan City, and received a loan from the Dispute Resolution Co., Ltd., and made a loan from the victims Ariju Capital Co., Ltd., the Defendant would pay the principal and interest.

However, the Defendant was a bad credit holder at the time, and there was no intention or ability to repay even if he received a loan from the victim company due to no particular property.

As above, the Defendant, by deceiving the victim company, was given a loan of KRW 15 million from the victim company under the name of the second and second purchase price.

Accordingly, the defendant was given property by deceiving the victim company.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Details of the receipt of the principal and interest of disposable discrimination;

1. An agreement on the portion to be discussed;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The sentencing guidelines of the Sentencing Committee under the Supreme Court shall be set as per the order within the scope of the sentencing guidelines [the aggravated area of category 1 (one year to two years] of the same type of imprisonment] of the Criminal Act in consideration of the circumstances unfavorable to the defendant, such as the degree of the criminal fraud, the fact that the victim was unable to meet all the damage, the fact that the court tried to continue the trial date on the grounds that the agreement was reached, and his whereabouts were concealed after seeking the continuation of the trial date, and the fact that the crime was

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