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(영문) 의정부지방법원 고양지원 2016.03.25 2015고단3655
사기
Text

A defendant shall be punished by imprisonment for six 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

The Defendant around November 5, 2014, around 39, 2014, tried to install ED products at the C convenience store to the employees in charge of giving the name influoral loan to the victim Dac Capital Co., Ltd. via the name influoral box in Jung-gu, Seoul.

The construction cost is due to the cause of 20 million won and the loan is different. On the other hand, 833,333 won per month shall be paid for 24 months.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant had no particular property at the time, and the defendant operated.

C The debt of convenience store was 61 million won or more, and the personal debt was 30 million won or more, and even if the debt was received from the injured party, it did not have the intention or ability to pay the debt properly, and some of the money borrowed as the construction cost of ESD was considered to have been returned from the public corporation and used individually.

Nevertheless, the defendant deceivings the employees of the victimized person as above, and he obtained the amount of KRW 17.1 million from the above employees to the Saemaul Treasury account in the name of D on November 12, 2014, as the contract price.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Part concerning E and F questioning of the suspect in the police interrogation protocol against the defendant

1. Statement of the police statement related to G;

1. A statement of closure point settlement, investigation report (HED workplace telephone attempts), account transaction details, accusation statement, application for installment financing/statement, notice of termination of a contract, inquiry about the status of receipt, and application of a claim statement under statutes;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is deemed to be less than the nature of the crime in light of the means and circumstances of the crime by deceiving the loan by the defendant in connection with the loan bromos

subsection (b) of this section.

There was no recovery of damage.

However, the defendant is the first offender and late.

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