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(영문) 수원지방법원 안산지원 2014.11.25 2014고단2022
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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, on April 16, 2009, borrowed approximately KRW 6.5 billion with the funds for the establishment and operation of a factory, and established and operated a manufacturing chain company, such as LED press, but from October 2012 due to sales depression, etc., the Defendant did not have any intent or ability to repay even if he/she received a loan from the victim Hyundai Capital Co., Ltd., which is difficult to pay a loan amounting to approximately KRW 25 million each month due to the fact that the state of proper management continues and it is difficult to pay a loan interest of KRW 25 million.

1. On April 11, 2013, the Defendant purchased a No. 47.6 million won for No. 5 million won at the Hyundai Motor interest Service Agency located in Geumcheon-gu, Geumcheon-gu, Seoul, to purchase a loan of KRW 47.5 million from the victim company, and took out the loan from the victim company to April 25, 2016, the Defendant: (a) took the same attitude to repay the loan in installments for 36 months from May 25, 2013 to April 25, 2016; (b) made a loan contract with the above agent member D who represented the victim company, and acquired the loan from the victim company with KRW 47.5 million on the same day.

2. On June 3, 2013, the Defendant: (a) purchased at the Handong-gu Hanyang Agency in Seongdong-gu, Seoul, for KRW 110,2780,000,000,000,000,000,000,000 won, and (b) took out loans from the victim company from the victim company; (c) took the same attitude from June 25, 2013 to May 25, 2016, the Defendant prepared a loan agreement with the said agent E, who represented the victim company, and acquired the loan by borrowing KRW 112,200,000,00 from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A complaint;

1. Application of each application for installment, each deposit statement, and each register of automobiles Acts and subordinate statutes;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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