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(영문) 대전지방법원 서산지원 2020.05.13 2019고단184

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 June 19, 2018, the Defendant made a false statement that “The Defendant would set up a collateral security on the loan of the purchase fund for the No.S. passenger car at the time of the loan to the employees of the Daejeon Branch Office Office in Seo-gu, Daejeon, Daejeon.”

However, the defendant did not intend to set up a collateral security or pay a loan normally in order to secure a loan to the victim company, even if he/she purchased the NAS car with a loan from the victim company, he/she immediately disposed of it and intended to use it in his/her own repayment of his/her personal debt.

As such, the defendant deceivings the victim company, and he acquired 57 million won from the victim company as a fund for purchasing passenger cars on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Details of a loan transaction agreement and the receipt of principal and interest on disposable discrimination;

1. Application of the register of automobiles statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentence shall be determined as shown in the Disposition, comprehensively taking into account the following factors: the reason for and methods of deception of sentencing under Article 62(1) of the Criminal Act; the amount of damage; the fact that a considerable portion of damage has been recovered; and the age, character and conduct of the defendant;