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(영문) 수원지방법원 2017.05.18 2016고단5881
사기등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 21, 2015, the Defendant: (a) purchased a NA-type car in the “D” used vehicle trading complex located in Seo-gu Incheon, Seo-gu, Incheon; (b) agreed to pay 576,000 won for 48 months to the employee in charge of the victim ENA Capital Co., Ltd. on the 15th day of each month; and (c) applied for a car loan.

However, at the time of fact, the defendant was liable to pay approximately KRW 60 million, and the defendant was also liable to pay his/her debt to him/her due to the reason that it is difficult to prepare his/her own living expenses even though he/she was provided with loans from the damaged company, there was no intention or ability to pay installment.

Nevertheless, the defendant deceivings the employees in charge of the victimized company as such and obtained loans of 20 million won from the above employees and acquired them by fraud.

2. On March 2016, the Defendant interfered with exercising the right to exercise the right to exercise the right to the said car by disposing of and concealing the damage company’s instant EN passenger car, which was set up a collateral security right by obtaining a loan from the victimized company from the victimized company as set forth in paragraph 1, from the mutual insular head office located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was a collateral for F’s obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. An application for automobile loan, summary statement, financial confirmation, customer transaction confirmation, confirmation of financial consumer protection, and written consent;

1. A copy of a certificate of contents, the details of receipt in installments, and the motor vehicle registration ledger;

1. Application of Acts and subordinate statutes to a report on investigation (credit information of a suspect);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered in favor of the reasons for sentencing) is as follows.

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