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(영문) 인천지방법원 부천지원 2015.09.23 2015고단967

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 9, 2011, the Defendant applied for a loan to G, who is an employee of the victim F Co., Ltd. as the purchase price for HK5 cars through E in the vicinity of the shopping mall located in Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, through E, and submitted a written application for installment loan, a certificate of employment with the purport that the Defendant is working at the place of “I” at the time, and submitted an IBK Bank account entry and withdrawal statement, and a false health insurance eligibility acquisition certificate under the name of the forged Defendant.

However, the defendant was not working in the place of "I" at the above temporary border, and even if he was given a loan with a vehicle purchase fund, he did not have the intent or ability to purchase a vehicle by using it or to repay the above loan amount.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 18.9 million from the victim as a loan to purchase a motor vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The defendant and his defense counsel stated in the loan application form: (a) the defendant asked E at the time of the above loan to provide the loan application form, etc.; and (b) the defendant did not know that the amount of eight million won was actually paid by illegal means despite recognizing the fact that the loan was made by illegal means; and (c) the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the defendant: (a) signed and sealed the loan documents related to vehicle transaction at the time; (b) delivered the certificate of personal seal impression, resident registration certificate, copy of passbook, copy of passbook, etc. to E; and (c) it appears that the defendant was aware that the above loan was made with respect to vehicle transaction before or after the above loan was paid; and (b) the defendant was the person in charge of the victim from around that time to the date