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(영문) 제주지방법원 2017.04.19 2016고단2722
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 12, 2012, the Defendant borrowed the amount of KRW 48 million from the deposit money to an employee in the name of the victim Hyundai Capital Co., Ltd. in the D office located in the Busan Young-gu, Busan Metropolitan City around November 12, 2012, along with the network E. The Defendant borrowed the amount of KRW 48 million from the F lending of the Busan Young-gu, Busan Metropolitan City. The Defendant would pay interest for two years and repay the loan in a lump sum upon the termination of the lease contract period.

“At the same time,” made a false statement to the purport, and made it possible to draw up, in the name of the Defendant, an application for the loan prior to modern Capital.

However, even if there was no plan to rent the above FF lending 401, the defendant presented a false real estate lease contract to the above person who is an employee of the victim's company, and even if he was given the withdrawal of the previous generation, he did not have any intention or ability to repay the contract in accordance with the agreement.

The Defendant, in collusion with the network E as above, by deceiving the above person who is an employee of the victim company, and was transferred from the victim company to the Busan Bank Account in the name of the Defendant to November 15, 2012, KRW 47980,000 from November 15, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (to have a witness H and telephone conversations);

1. Application of the Acts and subordinate statutes on the lease of real estate;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the first offender, the fact that the defendant committed a crime led or planned by him/her, and the fact that the defendant agreed with the victim);

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