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(영문) 부산지방법원 2015.06.04 2015고단1276
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, who was running a gold business from around 1995 to June 2014, was running a gold business company, and as a result, it became difficult to lend money normally due to the wide amount of existing loans, followed the mechanical facilities used by the lease as security, as if they were owned by the above C, and thought to receive the loan.

On December 3, 2013, the Defendant, at the bottom of the Industrial Bank of Korea located at the bottom of the Busan, the Industrial Bank of Korea located at the bottom of the Busan, and filed an application for a loan of KRW 200 million with a person in charge of lending KRW 200 million in the name of the injured Industrial Bank of Korea, and provided two instances of automatic gold, the market price of which is equivalent to KRW 7,330,000,00,00 in the name of C, as a transfer for transfer, as well as a written confirmation with the purport that “The above machinery and equipment was owned by C and has not been secured by other financial institutions, and has not been secured by

However, in fact, the above machinery and equipment are owned by non-SP Capital Co., Ltd., and the defendant, as the representative of C, was paid the lease fee of KRW 9,480,55 per month around December 17, 2012, and was leased and used by concluding a lease contract.

The Defendant, as such, by deceiving the victim, received KRW 200 million from the victim on December 3, 2013 as a loan, on or around December 3, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to photographs of damaged articles, statements of grounds for calculation of claims, copies of credit transaction agreements, copies of contracts, copies of written confirmation, copies of transfer reduction contracts, and copies of facilities leasing contracts;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and the basic area (1 to 4 years) (1 to 50 million won) of the basic area (1 to 4 years) (1 to 10 million won) (a decision of sentence] [a decision of sentence] The amount acquired by the defendant through the crime of this case reaches 20 million won.

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