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(영문) 수원지방법원 평택지원 2015.12.24 2015고단1764

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a person who operates D Co., Ltd., a manufacturer of automobile accessories in Ansan-si C.

On December 2013, when the Defendant was unable to obtain a loan from a financial institution because it was not equipped with sufficient collateral, the Defendant Company purchased the company in a way of lease and paid only the down payment, which is the lease company, and thus, the Defendant was willing to receive the loan by deceiving the financial institution as if the Defendant Company owns the ownership of the Defendant Company, and by providing it as security.

As to the nine parts of the above public works, the Defendant made a false statement on three parts of the sales contract stating the purport that the Defendant paid the seller the total amount of KRW 663,300,000 in lump sum and received the delivery of the total price in lump sum to the seller.

After that, on December 2013, the Defendant submitted three copies of the above contract to the employees in charge at the victim's Asan Branch Office located in Asan-ro 234-gil 2, Asan-ro, Asan-ro, 2013, which read false statement to the effect that “The Defendant will provide nine public works, such as the first half of the ships owned by D Co., Ltd., Ltd., which is operated within the Jeju-si as security, as security, and will repay the entire amount of the loan after one year.”

On January 3, 2014, the Defendant received 400,000,000 won from the victim and acquired the money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the grounds for sentencing sentencing of sentence for sentencing of imprisonment with labor [the scope of recommending sentence]: General Fraud (at least KRW 100 million, less than KRW 500 million, less than KRW 100 million) and the basic area (one-year and four years). The amount of damage caused by the instant crime is relatively large, the victim wants to punish the defendant, and the method of deception is poor.