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(영문) 인천지방법원 부천지원 2014.10.30 2014고단2250

사기

Text

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

Reasons

Punishment of the crime

Around March 4, 2011, the Defendant entered into a second installment financing agreement with employees of the Social Co., Ltd. Co., Ltd. of the Victim's Republic of Korea and the Defendant stating that the Defendant would pay the principal and interest of the loan by paying KRW 619,643 per month from March 20, 201 to February 20, 2014, for 36 months from March 20, 2011 to February 20, 2014.

However, at the time, the defendant did not have any particular property or income, and the office rent has not been paid properly, and the service has been maintained with help from the people because he did not have any performance of advertising planning business operated by the defendant, so even if he received KRW 15 million as the purchase price for motor vehicles from the social corporation of the victim, he did not have the intention or ability to pay it according to the installment contract even if he received it.

Nevertheless, the Defendant, by deceiving the employees of the victim company as above, obtained KRW 15 million under the pretext of installment loans from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, a copy of a written agreement, a register of automobiles, a repayment order, a copy of a motor vehicle sales contract, a copy of a certificate of vehicle abandonment, a letter of consent to the use of a motor vehicle, a letter of delegation, a copy of a criminal report (to

1. Although the defendant denies the facts charged that there is no intention to acquire by deception, considering the fact that there was no fixed income at the time of the crime of this case and there was no contract for the business income generated by the defendant, the above assertion is deemed to have been made at the time of the defendant, since there was no intention to obtain by deception, in view of the fact that there was no intention to obtain by deception.