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(영문) 수원지방법원 안산지원 2015.10.27 2015고단1925
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From September 30, 2008, the Defendant primarily engaged in the business of vehicle security loan, etc., as a person operating “D” of a lending company from around September 30, 2008, and the victim E, from around December 2, 2013, intended to provide the Defendant with the loan and distribute the interest accrued from the loan to the Defendant in proportion to 50%.

On January 26, 2014, the Defendant made a false statement to the victim E, stating that “I would like to borrow two million won as a security because I would like to get a vehicle from the F to receive a loan as a security,” without being provided with a vehicle from the F to receive a loan. Accordingly, I would like to have a loan to the victim E. As such, I would like to have the interest turged and remitted 1.9 million won.”

As seen above, the Defendant, as if he was provided with a motor vehicle as collateral, had the victim deceptioned, received KRW 1,900,000 from the victim to the Nonghyup account in the name of the Defendant’s grandchildren H, and had the victim wired KRW 16,150,00 from that time to April 1, 2014, all of which were transferred to six times in the same manner as indicated in the attached crime list, such as in the attached list of crimes.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement to I;

1. Books;

1. Certificates of deposit transactions and detailed statement of transactions;

1. A criminal investigation report (Submission of written opinions by a complainant) and a written summary summary;

1. Application of investigation report (as to the entire list of money transactions by a complainant, suspect, and suspect) and Acts and subordinate statutes on the list of money transactions by a suspect;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, and the defendant.

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