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(영문) 대구지방법원 2020.09.24 2020고단2056
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2019, the Defendant stated that “The Defendant would faithfully pay monthly installments every 60 months to the employees in charge of lending the victim C Co., Ltd. for a loan of KRW 38 million.”

However, even if the defendant received a loan, he did not have the intention or ability to repay the loan, and he purchased the above vehicle and immediately sold the vehicle to a third party to lend the loan.

As such, the Defendant, by deceiving the employees of the victim company, obtained a loan of KRW 38 million from the victim company on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of the new installment contract certificate, register of motor vehicles, inquiry into the repayment deadline, inquiry, inquiry and inquiry, and application of the claim specification table;

1. Although the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act, Article 62(1) of the Criminal Act, the provision on the crime selection of sentence, Article 62(1) of the Act on the Suspension of the Execution of the Punishment of Imprisonment with Labor does not stipulate the source of fraud for the reason of sentencing, the victim is not wanting to punish the defendant, the victim appears to have committed the crime, led to confession and reflect on the crime, the primary offender is the crime, motive, circumstance

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