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(영문) 서울북부지방법원 2020.08.12 2020고단1952

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 29, 2020, the Defendant applied for a mid-term loan to the victim company using mobile phones, and then received 27,000,000,000 won from the victim company to the national bank account (F) under the name of the Defendant, despite the fact that the Defendant was planned to purchase a vehicle with a second loan loan from the victim D Co., Ltd. and to use it individually, such as the payment of personnel expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Application of Acts and subordinate statutes on the statement of details of complaint, certificates of contract of middle and high loan, inquiry into the situation room, and application of the request list;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act, in the absence of the intent to purchase a motor vehicle that is capable of securing the security of the victim, deceiving the victim of the purchase of the motor vehicle.

In addition, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by considering all of the various sentencing conditions shown in the arguments of this case, such as the fact that the defendant recognized his mistake, only a single type of crime, and it was generated before 20 years, and the fact that 7 million won or more out of the defrauded money was repaid and the additional repayment was made.