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(영문) 수원지방법원 평택지원 2017.01.05 2016고단1583
사기
Text

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2014, the Defendant: (a) at a car trading complex located in Ansan-si, Nowon-gu, Seoul Special Metropolitan City, a member 1.1.16, the Defendant: (b) made a loan to an employee under his name-free loan; (c) made a normal payment of the loan; and (d) made a car as if he actually owns and uses the car; and (d) made a loan to the victim Non-NN Capital Co., Ltd., Ltd., a company holding the car at the same time, with a loan of KRW 23,80,000 to repay the principal and interest of KRW 859,233 each month for 36 months; and (c) submitted the loan application to the said victim company

However, in fact, the defendant thought that the facts charged to which he will deliver a car to the Buddhist person immediately after purchasing the car was "D to sell it," and there was no intention or ability to pay the loan normally even if he did not receive the installment loan due to the absence of a certain amount of income at the time.

The Defendant had the said victim company pay KRW 23,80,000 to the said trading company with the vehicle purchase fund on the same day.

Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to the above loans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the head of a complaint, applications for installment financing and erroneous discussions, details of claims received and details of reimbursement, register of automobile registration, and reports of impossibility of execution;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service order is only four times of the amount paid in installments for 36 months, and the victim’s loss of approximately KRW 20,000 of the principal has not yet been recovered.

In addition, the defendant failed to disclose the personal information of a person who brought about the whereabouts or vehicles of the vehicle.

Although the criminal liability is not easy, there is no criminal record against the defendant, and some of the installments are given to the defendant.

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