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(영문) 수원지방법원 2014.03.24 2013고단7266
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 5, 2012, the Defendant made a false statement that “The Defendant would repay the loan by equal repayment of the principal and interest each month from the income accrued from the operation of the loan, i.e., e., e., the loan) to the employee in charge of the victimized company at the victim lot Capital office located in the Gangnam-gu Seoul Metropolitan Government 736-1, Gangnam-gu, Seoul Metropolitan Government office.”

However, the fact, however, is the plan to leave Canada on September 19, 2012 without paying the loan, and there was no intention or ability to repay the loan as a promise even if the loan is granted.

As such, the Defendant, by deceiving the damaged company, received 19.5 million won from the victimized company as a loan, and acquired it by fraud.

2. On September 5, 2012, the Defendant’s fraud against Hyundai Capital Co., Ltd. stated that “In order to purchase a vehicle, the employee in charge of Hyundai Capital Co., Ltd. grants a loan of KRW 39,50,000,000 to the employee in charge of Hyundai Capital Co., Ltd., Ltd. (hereinafter “Defendant”) as security and repay the vehicle by equal repayment of the principal and interest for 36 months.”

However, the fact is, however, planned to leave Canada on September 19, 2012 without paying the loan after disposing of the above vehicle, and there was no intention or ability to repay the loan as agreed even if the loan was granted.

The Defendant, by deceiving the damaged company as such, received KRW 39.5 million from the victimized company as a loan for vehicle purchase, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Each written application for a loan;

1. A certificate of details of loan transactions;

1. Automobile register;

1. Application of immigration Acts and subordinate statutes on individuals;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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