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(영문) 인천지방법원 2015.08.13 2015고단2937
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 15, 201, the Defendant filed an application for a loan with the lender of the damage and life insurance company, stating that the Defendant would normally repay the loan to the lender of the damage and life insurance company in purchasing the B Cost and convenience car from the used car selling company located in Ansan-si around December 15, 201.

However, the defendant did not have an intention or ability to pay the vehicle normally even if he borrowed the vehicle purchase fund due to the lack of special property or income.

The Defendant, as such, by deceiving the damaged company, received KRW 17.5 million from the victimized company as a loan for vehicle purchase on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 28, 2012, the Defendant filed an application for a loan with a person in charge of the loan of the victim Hyundai Capital Co., Ltd. in purchasing Done Star Co., Ltd. from Done Star Co., Ltd., Ltd., which was located in Bupyeong-si around January 28, 2012.

However, the defendant did not have an intention or ability to pay the vehicle normally even if he borrowed the vehicle purchase fund due to the lack of special property or income.

The Defendant, as such, by deceiving the damaged company, received KRW 11 million from the victimized company as a loan for vehicle purchase on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of each statute on filing of a complaint;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence [the decision of types] of general fraud (the amount of less than 100 million won) - mitigated factors:

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