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(영문) 대전지방법원 2017.09.22 2017고단3041
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 11, 2016, the Defendant concluded a loan agreement with the victim Hyundai Capital Co., Ltd. for a loan of KRW 24,900,000, interest rate of KRW 17.9%, and the loan period of 48 months.

However, in fact, the Defendant did not have any intention or ability to repay the loan even if he received the loan, on the ground that the Defendant merely concluded a secondhand loan agreement to purchase the secondhand car with the proposal that “to purchase the secondhand car in the name of the party and lend 10 million won to the party.”

As above, the Defendant, by deceiving the victim company, received a loan of KRW 24,900,00 from the victim company for the same day as the second half of the purchase fund, and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement with respect to F;

1. Application of the Acts and subordinate statutes on the loan agreement of modern capital;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the grounds that there are many criminal records, but the defendant shows a negative color against this Court, and that the defendant's real benefits acquired from

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