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(영문) 광주지방법원 2013.04.09 2013고단209
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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 September 2, 2010, the Defendant made a false statement to the employees D of the Victim C Co., Ltd. at the Gyeyang-gu Incheon Automobile Trading Company, stating, “The principal and interest of the PP will be repaid in installments for 36 months by lending the purchase fund for used cars i30.

However, the defendant did not have any intention or ability to repay even if he was given a loan because he did not have any property with bad credit.

The Defendant, by deceiving the above D, obtained a loan of KRW 11,400,000 from the said victim on the same day, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the Defendant did not reach an agreement with the victim, the primary offender, the scope of recommendation guidelines for sentencing, etc. shall be equally considered and determined as the order.

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