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(영문) 대구지방법원 2013.10.24 2013고단4602
사기
Text

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

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

Reasons

Punishment of the crime

1. On August 23, 2012, the Defendant concluded on August 23, 2012, that “Around August 2012, 2012, the Defendant would divide the principal and interest at an interest rate of 25.9% per annum from September 20, 2012 to August 20, 2014 in a used vehicle trading company located in the Gu, Si, Si, Si, Gun, in the office where the Defendant would purchase the Cststren car, and that “Astren Capital employee would make repayment by dividing the principal and interest at an interest rate of 25.9% per annum from September 20, 2012 to August 20, 2014.”

However, the defendant did not have the intent or ability to repay the loan properly even if he was given an agreement with the bond company to arrange the loan due to the repayment of the loan with the bond company while he was unable to repay the loan with the loan company due to the repayment of the loan.

The Defendant, as such, by deceiving the victim, received nine million won as a loan from the victim on the same day.

2. On August 24, 2012, on August 24, 2012, the Defendant made a false statement to the North Korean3 agency of Hyundai Motor Co., Ltd. in the rate of 561-1 of the Northern-gun, Chungcheongnam-gun, Daejeon-gun, that “The Defendant would make payment without molding KRW 1,047,955 per month in 36 months for the loan of KRW 34.5 million to the employees of the Victim Hyundai Capital Co., Ltd., Ltd. as the purchase fund of the vehicle is required due to the need to purchase of the vehicle.”

However, the defendant did not have the intent or ability to repay the loan properly even if he was given an agreement with the bond company to arrange the loan due to the repayment of the loan with the bond company while he was unable to repay the loan with the loan company due to the repayment of the loan.

The Defendant, as such, by deceiving the victim, received 34.5 million won as a loan from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D and E. 1.

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