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(영문) 서울중앙지방법원 2014.04.25 2013고단3313

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 30, 201, the Defendant made a statement to the effect that “The Defendant would repay KRW 23,760,000 out of the vehicle purchase price to the employee in charge of Hyundai Capital for the period of 60 months each month by borrowing KRW 23,760,000 from the vehicle purchase price to the employee in charge of Hyundai Capital for the period of 60 months.”

However, the Defendant purchased the above loan from the victim company and planned to sell the above vehicle immediately. The Defendant did not have any intention or ability to pay the principal and interest of the loan normally because there was no particular income or property.

Nevertheless, the Defendant deceiving the above-mentioned staff and caused the victim company to pay KRW 23,760,00 to the above D's agency for the same day, thereby acquiring property benefits equivalent to the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statements in the fifth trial records;

1. Legal statement of witness E;

1. The statements made by witnesses F and G in the sixth trial records;

1. The statement of F in the second police interrogation protocol against the accused;

1. The statement made to the accused in G during the third police interrogation protocol;

1. Statement of each police statement to F and E;

1. Application of the examination table, loan examination statement, loan examination table, information inside and outside the examination counter, loan contract and agreement, copy of identification card, resident registration certificate, copy of resident registration certificate, certificate of employment, certificate of business registration, copy of passbook, copy of passbook, ledger of automobile register, deposit details ledger, Acts and subordinate 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 (Considering circumstances, such as the fact that part of a pond is divided and that less than six months have been detained);