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(영문) 인천지방법원 부천지원 2015.08.28 2015고단1248
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Incheon District Court Branch of the Incheon District Court on October 10, 201, and such judgment became final and conclusive on July 24, 2015.

On May 28, 2013, the Defendant made a false statement that “The Defendant would have paid 3,092,936 won each month by paying 72 months, so that he/she can purchase a Trackter by using a modern social finance company,” from the D branch store located in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon.

However, there was no intention or ability to repay the loan even if the loan is provided by the victim company.

As such, the Defendant, by deceiving the above employees, obtained a loan of KRW 158,460,80 from the victim company for the purchase price of one F Twitter.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement to G, H, I, and J;

1. 자동차등록원부, 피의자명의 농협계좌 거래내역서, 대출심사표, 대출계약서 및 약정서, 심사대내외정보, 상품매매계약서, 견적서, 연대보증 채무 부존재 확인서, 입금내역조회서 사본, 상환스케쥴 조회

1. The results of inquiry, and the application of two copies of written judgments to the statutes; and

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act (i., that the defendant reflects his wrong, that the defendant is receiving treatment by lighting from around 1999, and that the defendant was the first offender with no record of criminal punishment before committing the instant crime);

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