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(영문) 수원지방법원 2013.11.06 2013고단1808
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On June 30, 2012, the Defendant: (a) submitted to Hyundai Capital Co., Ltd., Ltd. (hereinafter “victim”) a written application for the loan of KRW 20 million with a vehicle purchase price of KRW 735,000,000,000 to the victim Hyundai Capital Co., Ltd. (hereinafter “C”); and (b) submitted a document evidencing that monthly income is at least KRW 8 million, with the document evidencing that monthly income is at least an average of at least eight million, the Defendant submitted a statement of passbook transaction in which the details of the deposit of the Defendant’s benefits are stated.

However, at the time, the Defendant was liable for the amount equivalent to KRW 30 million from the financial rights, and the actual amount of benefits was limited to KRW 20 million, and even if the Defendant borrowed the vehicle purchase fund from the victimized company, such as the delayed payment of the health insurance fund, there was no intention or ability to pay the loan normally.

Nevertheless, the defendant applied for a loan of vehicle purchase price as if he could repay the above loan, and then he obtained a loan of KRW 20 million from the damaged company on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of the Criminal Complaint, loan examination table, application for loan, registration certificate, resident registration certificate, certified copy of resident registration, account statement, face-to-face consultation and real certificate, photographs of used vehicles, register of automobiles, details of deposits, and overdue interest rate inquiry

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant of the reason for sentencing in Article 62-2 of the Probation Criminal Act has the history of being punished several times, the amount of defraudation is not clear, and the damage to the victim is not recovered, a strict punishment against the defendant is required.

except for the same criminal records;

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