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(영문) 의정부지방법원 2015.01.16 2014고단3656
사기
Text

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

Reasons

Punishment of the crime

On April 10, 2014, the Defendant was sentenced to imprisonment with prison labor for eight months at the Seoul Northern District Court, and the said judgment became final and conclusive around that time.

On January 31, 2013, the Defendant prepared an application for a loan of "the agreed terms flusium loan" with the victim Igs Co., Ltd. and the victim Igs Co., Ltd. borrowed KRW 28,300,000 and paid KRW 559,030 each for 60 months on the 8th day of each month when purchasing flusium vehicles at the place of origin of the two vehicles in Gangseo-gu Seoul Metropolitan Government.

However, the defendant, without the intention of holding the vehicle, was delivered the vehicle by borrowing the form of the installment loan, and then was thought to be financed by providing the vehicle as collateral on February 1, 2013, and there was no intention or ability to pay the installment at the time exceeds 200 million won.

The Defendant, as such, by deceiving the victim, received 28,300,000 won as an installment loan from an employee in bad faith in the name of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of entry and withdrawal transactions;

1. Investigation report (or relative investigation by a lending company of excess loans);

1. In cases of investigation reports (in cases of credit information on suspects), details of credit information;

1. Investigative reporting on a suspect's vehicle;

1. Details of the entry into the bankbook;

1. A petition for complaint, a written application for the frusium to be discussed, and a written agreement;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The fact that the punishment of the latter part of Article 37 and Article 39(1) of the Criminal Act on the treatment of concurrent crimes could not be recovered from damage caused by reason of the punishment is disadvantageous, or is against the crime, the amount equivalent to 6,560,000 won out of the amount of damage in this case has been repaid, the amount of damage in this case has been living without any specific criminal power until it is difficult to do so, and the sentence of imprisonment in 2014 has been finalized.

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