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(영문) 부산지방법원 2013.04.18 2013고단686
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 7, 2009, the Defendant sentenced 1 year and 2 months to the violation of the Act on the Control of Narcotics, Etc. at Busan District Court on May 7, 2009, and completed the execution of the sentence in the Ansan Prison on October 25, 2009.

On March 18, 2011, the Defendant entered into an agreement on a loan for the purchase of used cars on the condition that the Defendant would pay the principal and interest of KRW 18,00,000 per month from the victim company for 36 months, as if the Defendant purchased KRW 21,00,000 in the name of the Defendant to the employee in charge of loan, for which the name of the victim Hyundai Capital Co., Ltd. is not known, in the middle of the name of "K," which is located in the Busan Metropolitan Government Department, on the condition that the Defendant would pay the victim company the principal and interest of KRW 749,416 per month.

However, the defendant did not have any special property under the name of the defendant, and even if the defendant received a loan from the victim company due to lack of a certain occupation, there was no intention or ability to pay the principal and interest of the loan normally

The Defendant, as above, by deceiving the victim company, received from the victim company the remaining loans of KRW 17,820,000 from the victim company to the new bank account in the name of the said K, which limit the remaining loans of KRW 180,000 from March 18, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. The police statement of M;

1. A complaint;

1. A copy of each application for loan of modern capital, resident registration, certified copy of resident registration, certificate of personal seal impression, certificate of employment, acquisition and loss of health insurance qualification, withholding receipt, passbook, automobile sales contract, automobile registration certificate, automobile registration certificate, details of loan payments, and deposit

1. Investigation report (the statement, etc. by the phone of the K seller N);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the previous records of disposition, report on results of confirmation, copy of judgment, etc.);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing Article 35 of the Act on the Control of Narcotics, Etc. is that the defendant commits a violation of the Act.

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