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(영문) 서울북부지방법원 2021.02.03 2020고단4140
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 2015, the Defendant conspired with the so-called “B” personal unsound “B”, a so-called working loan hub, and intended to acquire a vehicle by receiving the vehicle purchase price under the name of the Defendant and establish a mortgage, even if he/she purchased the vehicle, he/she was planned to dispose of the vehicle and not repay the loan to others, and acquired the loan by deceiving the lending company as if he/she would normally repay the loan due to his/her occupation.

On December 29, 2015, the defendant served in a company "D" for the victim through a person in charge of loans from the victim C Co., Ltd. at a minor place.

A car (E 7) borrowed KRW 24,200,000 for purchase price, stating that the monthly principal and interest shall be repaid at the rate of 17.9% per annum between 60 months and 60 months.

However, in fact, the Defendant did not have any particular asset at the time and did not have a regular income as a worker and did not work in the company D, so even if he received the loan, he did not have the intent or ability to repay the debt.

The Defendant, in collusion with the above B, by deceiving the victim as above, received KRW 24.2 million from the victim under the name of the loan related to the purchase of the vehicle on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to file a complaint, a written agreement on complaint, an application for vehicle finance, the details of installment payments, an investigation report (an investigation into a suspect vehicle), the ledger of automobile registration, mandatory insurance, administrative fines, etc., investigation reports (verification of the date on which a suspect's driver's license is issued), investigation reports (to verify the date of issuance of the suspect's driver's license), investigation reports (Submission of data by a witness G telephone), investigation reports (Submission of data by a witness G), investigation reports

1. Relevant Article 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and Articles 347 (Selection of Imprisonment);

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

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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