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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2296
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2014, the Defendant entered into a mid-term debate contract with the representative C of the victim B Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") (hereinafter referred to as the "victim Co., Ltd.") to grant loans of KRW 29.6 million and pay KRW 1,068,627 each month for 36 months.

However, in fact, the Defendant had, without any particular property or income, a debt amounting to KRW 10 million, and had been in fact referred to as the card price as a "refluence". Thus, even if the above money was loaned from the victim, it was thought that it would have been used as a living expense, and there was no intention or ability to use it as the purchase cost of the cargo vehicle and to repay it.

Nevertheless, the Defendant, by deceiving the victimized company as above, received 29.6 million won from the corporate bank account (F) in the name of the Defendant under the name of the victim as a loan to pay vehicle purchase costs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to file a complaint, copy of confirmation of subrogation, copy of statement of transfer, copy of application for settlement of mortgage, copy of application for registration of establishment of mortgage, copy of application for registration of establishment of mortgage right, copy of application for registration of establishment of mortgage right, copy of automobile registration certificate, copy of investigation report (Attachment of certificate of transfer), copy of certificate of transfer, register of automobile, report of investigation (Submission of account statement, etc.), details of account transaction,

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

1. The crime of this case was committed on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing) by deceiving KRW 29.6 million under the pretext of a loan to use for purchase of freight cars. The crime is bad in its nature, and the damage has been restored until now.

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