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(영문) 수원지방법원 안산지원 2017.11.01 2017고단2718
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of 2 months on July 9, 2014 on the grounds of the charge of forging a private document at the Suwon Flag Flag, etc., and the judgment became final and conclusive on July 17, 2014. On March 10, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for occupational embezzlement, etc., and the judgment became final and conclusive on June 18, 2015.

[Criminal Facts]

1. On May 22, 2013, the Defendant: (a) on the forgery of a private document and the display of the relevant investigation document, the Defendant had arbitrarily recorded and kept the personal information, such as the customer information and the name and resident registration number of B in the applicant column in the trading company of the trade name in the Dong-dong, Seo-gu, Incheon Metropolitan City.

B The seal was affixed, and it was submitted to an employee who is not aware of the circumstances.

Accordingly, for the purpose of uttering, the defendant forged a request for a second time in the name of private document B, which is a private document related to rights and obligations, and exercised it.

2. On May 22, 2013, the Defendant purchased a rocketing car at the second class trading company listed in the preceding port, and applied for a loan for the purchase of the vehicle under the condition that the amount of the loan shall be KRW 15 million, agreed interest rate of KRW 27.9%, the loan period of KRW 36 months, and overdue interest rate of KRW 29% to the Defendant Hyundai Capital Co., Ltd. via its employees.

However, after purchasing the above vehicle, the Defendant merely thought that he would sell the above vehicle and prepare cash for the said vehicle through a lender with no knowledge of his name. At the time, the Defendant did not have any specific occupation and did not have any special income and property. However, even if he received a loan from the victim company as a fund for purchasing the vehicle, the Defendant did not have the intent or ability to repay the loan.

Nevertheless, the defendant deceivings the victim company as above and acquired the 15 million won loan from the victim company on the same day.

Summary of Evidence

1. The defendant's oral statement;

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