(영문) 춘천지방법원 2018.02.12 2017고단1045

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(영문) 춘천지방법원 2018.02.12 2017고단1045

사기

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 2015, the Defendant entered into a lease agreement with the “D” office in Chuncheon-si, the Defendant’s residence to the “Sacheon-si, E apartment KRW 10,000,000,000 and KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,000,0000,000).

On January 23, 2015, the Defendant entered into a loan agreement with the victim company at the “D office,” through an employee whose name is unknown, under which the Defendant submitted a forged lease agreement with the victim company, with a loan amounting to KRW 80 million and interest rate of KRW 24% per annum on January 22, 2018.

However, the actual deposit of the lease contract is not KRW 50 million, but KRW 10 million, and the personal liability of the defendant was reasonable, and the defendant did not have any intention or ability to repay the loan even if he received the loan from the victim company due to the lack of any other property or income.

The Defendant, as such, by deceiving the victim company, received KRW 80 million from the victim company to the deposit account in the name of the Defendant, under the name of its loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to file a complaint, a credit transaction agreement, a reference for reimbursement, a counterfeited pre-lease contract, a credit transfer/acquisition contract, a certificate of facts, a pre-lease contract, a criminal investigation report (Attachment of summary order related to the lease contract in this case), a criminal investigation report (where civil litigation is conducted in this case), and a criminal investigation report (Attachment of a passbook transaction statement in the name of

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

참조조문

-형법 제347조 제1항

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