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(영문) 대구지방법원 2013.05.09 2012고단6363

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 February 6, 2012, the Defendant borrowed a vehicle purchase fund from the victim Hyundai Capital Co., Ltd. to purchase the HG car at the Modern Motor Vehicle North Daegu-dong 2012, which was located in 69, and falsely stated that “on the 48th day of February, 2012, the Defendant borrowed the vehicle purchase fund from the victim Hyundai Capital Co., Ltd., Ltd., and that “on the 5th day of each month when he/she borrowed KRW 30,000,000 from the vehicle purchase fund of KRW 357,754 on the 5th day of each month.

However, at the time of fact, the Defendant did not have any intention or ability to repay even if the Defendant borrowed the automobile purchase fund from the victim because the Defendant continued to operate a new business without any particular property or income.

The Defendant, by deceiving the above employees, received 31,400,000 won as a loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed in D;

1. E statements;

1. Application of the application form for a motor vehicle of modern capital, the application form for the goods of modern capital, the application form for a credit loan of modern capital, the application form for a deposit passbook and a copy of the Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act that does not have the same criminal record for the accused, there is no power to impose a fine, in addition to fines, confession and reflect

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;