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(영문) 광주지방법원 2017.08.18 2017고단2711
사기
Text

The punishment of the accused shall be determined by four months of imprisonment.

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

Reasons

Punishment of the crime

On May 12, 2016, the Defendant purchased the E high-class BMW vehicle from an employee in the name in the office of 'D', which is a partnership of the victim C Co., Ltd. located in Gangnam-gu Seoul, and the victim company borrowed the above vehicle purchase price of KRW 30 million, the Defendant prepared and submitted an application for a middle-class debate (loan) as if the victim company had the intention or ability to change the above vehicle purchase price.

However, the Defendant, after purchasing the above vehicle, planned to obtain a loan by providing the above vehicle as collateral to the name in the name, and the monthly income at the time is only the amount equivalent to KRW 150-17 million, while there is no specific property, while there is a debt equivalent to KRW 70 million, such as the overdue payment of credit card equivalent to KRW 3-40 million, and there was no intention or ability to obtain a loan from the victim company.

As above, the defendant deceivings the victim company and thereby acquired it through deception by receiving KRW 30 million from the victim company on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. An application for a loan or agreement on a secondhand debate;

1. Original Register of Automobile Registration;

1. Application of credit information inquiry Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., that confessions have been made, that mistakes have been divided, that there has been no record of punishment for the same kind of crime, and that the victim has withdrawn the complaint);

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