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(영문) 광주지방법원 2015.09.10 2015고단159
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 23, 2011, the Defendant stated to the effect that “The principal and interest shall be repaid in installments for 36 months if the Defendant borrowed 14 million won from the victim company for the loan from the victim company, at the SPdi Office Co., Ltd., Ltd., 111, Dong-dong 663-10, Seo-gu, Gwangju, Seo-gu, Seoul.”

However, at the time, the defendant did not have any intention or ability to pay the principal and interest properly even if he received the loan as above due to the absence of any other property or income.

Nevertheless, the Defendant, as seen above, obtained 14 million won as a loan from the above employees in the name of the above employees in the name of the Defendant, namely, the above employees in the name of the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of the installment financing agreement and the register of automobiles statutes;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] There are no basic area (6-100 million won or less) (6-1-1-6 months or more) [the decision of sentence] imprisonment with prison labor for 6 months, 2-2 years suspended sentence, and the circumstances leading to the instant crime, which are disadvantageous to the fact that the nature of the crime is not good, and that it interferes with the progress of judicial proceedings by failing to comply with the request of this court for attendance.

On the other hand, there are favorable circumstances such as the fact that the defendant is against the defendant, and that the defendant has agreed with the defendant's last transferee of the above loan claim from the victim capital company after the conclusion of the pleading.

In addition to these circumstances, various sentencing conditions, including the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.

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