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Reasons
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(영문) 대전지방법원 2013.05.31 2012고단4389
사기
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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 October 29, 2010, the Defendant: (a) around 15:00 on October 29, 2010, at the Dong-gu Daejeon-gu, Daejeon-gu, “A lack of funds to operate the collection; (b) leased KRW 20 million to the victim C as security for D C C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

However, in fact, the Defendant first operated a collection of the vehicle, and the Defendant was unable to repay the loan money with approximately KRW 45 million until the date of the promise, and even if he was unable to pay the lease fee for the said vehicle E, he could not transfer the ownership of the said vehicle to the victim.

The Defendant, by deceiving the victim as above, received 20,000,000 won from the Defendant’s new bank account under the pretext of borrowing around 19:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to C, E, and F;

1. Application of Acts and subordinate statutes to the accusation, loan certificate, registration certificate, inquiry into the details of Internet transactions, lease succession contract, the details of Korean banking transactions and inquiry association, and the details of receipt of principal and interest of disposable discrimination;

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

1. The sentencing grounds of Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the fact that the defendant has committed a mistake and repent of himself; (b) the fact that the defendant has agreed with the victim; and (c) the defendant's age, character and conduct, intelligence and environment; (d) the motive, means and consequence of the crime; and (e) the various sentencing

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