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(영문) 인천지방법원 2017.07.13 2017고단2570

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around April 16, 2012, the Defendant offered a loan to purchase vehicles under the name of the male (one person) and the Defendant with a vehicle purchase fund, and the “C” submitted documents, such as the Defendant’s business registration certificate, to an employee in the name of the victim Hyundai Capital Co., Ltd. in Seoul Special Metropolitan City E agency, and submitted a false statement, stating, “The repayment ability is sufficient in the operation of the principal lawsuit. The Fland Kaki’s loan of KRW 31,100,000 won from May 25, 2012 to April 25, 2016, 48 months from May 25, 2012 to April 25, 2016.”

However, in fact, the Defendant was in excess of the obligation to pay the total amount of 31 million won of card payments and bank loans, and the Defendant actually lent its name without operating the gas station, so even if he received the loan from the injured party, he did not have an intention or ability to pay the principal and interest properly for 48 months as agreed.

Accordingly, the Defendant, in collusion with “C”, by deceiving the victim as above, and by inducing the victim company to transfer KRW 30,1100,000 as a loan for purchasing vehicles around April 30, 2012, the Defendant acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (Consideration of Punishment, etc.) [the scope of recommending punishment] under Article 62(1) of the Act on the Suspension of Execution [the scope of recommending punishment] and Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [the scope of recommending punishment] does not agree with the victim (the decision of sentencing was made in June to January to June] (the decision of sentencing was made), but the defendant is against the defendant, and there was no criminal record of the same kind or suspension of execution or more, and the degree of damage, degree of participation