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(영문) 수원지방법원 2017.05.10 2016고단5074

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 11, 2014, the Defendant made a false statement to the effect that “The Defendant would faithfully repay the principal and interest for 36 months each week by lending KRW 15 million to the NAFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

However, the defendant did not have a certain occupation at the construction site, and even if he received a loan, he did not have the intent or ability to repay the principal and interest in accordance with the contract, and was intended to lend money by purchasing the vehicle with the loan.

The defendant deceivings a person in charge of loans from the victim corporation as above, and he was transferred KRW 15 million to the account in the name of D from the victim.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police with regard to F;

1. In light of the following circumstances, it is sufficiently recognized that the Defendant acquired the instant vehicle as collateral and used the loan as a daily cost, even though he/she was on the part of the Defendant at the time of the instant loan, in spite of the fact that the Defendant had been in arrears with the card value, communication expenses, etc. at the time of the instant loan, and that the Defendant received the instant loan as collateral and used the loan as a living cost, and the Defendant paid only once the instant loan principal, in view of the following circumstances: (a) the Defendant was aware of the intention or ability to repay; (b) the amount of the Defendant’s card value, communication expenses, etc. at the time of the instant loan; and (c) the Defendant took the instant loan as collateral and used the loan as collateral; and (d) the Defendant paid only once the instant loan principal.

Therefore, the above assertion by the defendant cannot be accepted.

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.