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(영문) 수원지방법원 2014.11.28 2013고단7224

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

1. On August 15, 2012, the Defendant stated that “Cdab” in Suwon-si, Suwon-si, the victim D, “at the request of a loan, and in order to receive a large amount of the loan, he/she must pay the expenses to the head of the branch and the employee in charge. When lending money, the Defendant obtained a loan and recognized it.”

However, there was no need to obtain a loan at the time, and even if there was no special revenue or property, there was no intention or ability to repay the loan from the victim.

The Defendant, as such, by deceiving the victim and receiving KRW 1,50,000 from the victim as the borrowed money on the same day, and from October 15, 2012, through the same method, acquired all KRW 11,903,540 in total eight times, as shown in the attached list of crimes, from October 15, 2012.

2. On August 9, 2012, the Defendant stated, at the place under the preceding paragraph, that “In order to operate a business, the Defendant would pay the vehicle at home and pay the full installment to the Bank to pay the loan.”

However, the defendant did not have the intention or ability to pay the installment even if he received the vehicle from the victim due to the lack of special property or income.

As such, the Defendant, by deceiving the victim and deceiving him, acquired a 11,00,000 won E high-speed vehicle purchased in the name of the victim on the same day from the victim and acquired it by the victim.

Summary of Evidence

1. Entry of each of the accused's statements in the police interrogation protocol against the accused;

1. Part concerning D's statement in the second police interrogation protocol against the defendant

1. Statement made to D by the police;

1. A complaint;

1. A bank transaction statement;

1. A written agreement on installment financing of used cars;

1. Application of each statute on a loan certificate;

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