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(영문) 전주지방법원 2016.03.30 2015고단2124
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant prepared a false lease contract as if the defendant resides in Gu apartment No. 102 1901 and 1901 at the time of the government that the joint defendant C agreed to purchase, and conspired to acquire the security loan on the basis of the lease deposit.

Accordingly, C shall be the lessor on November 14, 2012, and C shall be the owner of the above apartment, and the lessee shall be the Defendant, and C shall prepare and deliver to the Defendant a false apartment lease contract with the deposit amount of KRW 130 million. On December 27, 2012, the Defendant shall submit one copy of the above lease contract at the victim Hyundai Capital Bank Branch Co., Ltd., Ltd., which was located in Suwon-si, Suwon-si, Suwon-si, and submitted one copy of the above lease contract to an employee whose name is not known at the victim Hyundai Capital Bank Branch Co., Ltd., Ltd., the Defendant shall file an application for the security loan of the deposit and shall receive from the injured party the money of KRW 14 million from the Defendant’s agricultural bank account (F) on December 31, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the examination of suspect by the police against the accused and C;

1. Statement made by the police against C;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. Application of the written complaint, power of attorney, and related data submitted;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order) Article 62-2 of the Criminal Act / [Sentencing Criteria] / [Scope of Recommendation] General Fraud (one year or more, or less than 500 million won) and there is no person in charge of the basic area (one year or more) [a person in charge of special sentencing] [a judgment of sentence] 8 months of imprisonment, suspension of execution 2 years: Defendant did not have any other power, and there are no profits earned from the instant crime, and rather, Defendant did not exceed the scope of the recommended punishment under the premise that community service is provided, taking into account the fact that he bears only the obligation, and rather, he is obliged to pay the above punishment.

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