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(영문) 서울북부지방법원 2020.08.19 2019고단24
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant had no property, and even if the Defendant received an installment financing loan from the victim B Co., Ltd. (hereinafter “victim”) due to the Plaintiff’s failure to pay the loan, and the Defendant actually purchased a vehicle with the money borrowed from the victim’s company, and was in fact planned to use the money borrowed from the victim’s company to pay the other debts.

Nevertheless, on May 8, 2018, the Defendant: (a) purchased E-benz car in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul on May 8, 2018; (b) deceiving the employees of the victim by purchasing a car using the loan to use the loan to the employees of the victim company; and (c) deceiving them by doing so as to pay the loan normally; and (d) concluded an automobile installment contract with the said employees at KRW 29 million on the same day, interest rate at KRW 3.65% per annum; and (c) received KRW 29 million from the victim company for the purpose of the loan.

Accordingly, the defendant was delivered KRW 29 million by deceiving the victim company.

Summary of Evidence

1. Investigation report (Evidence data about suspect's ability to repay and whether he/she has a will) on part of the police interrogation protocol of the defendant, complaint, notification of loss of time limit interest, automobile installment financing agreement, automobile sales contract, estimate, F reply, closure of the vehicle sales contract, estimate, F reply, closure of the credit consultation management system screen of the defendant, details of receipt of the plan, and application of Acts and

1. The crime of this case concerning the pertinent provision of the relevant criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and the reason for sentencing of imprisonment with labor is that a financial company deceivings a financial company as if the Defendant would normally pay the principal and interest of interest of a loan and defrauds it by borrowing KRW 29 million from the financial company under the pretext of the loan for automobile installment financing, the amount of damage is a considerable amount, and the damage

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