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(영문) 의정부지방법원 2015.07.03 2014고단1312
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 28, 2012, the Defendant purchased a car KS9 car at the Bao car C branch located in Seongbuk-gu, Sungnam-si, Sungnam-si, and stated in the indictment of the victim Co., Ltd. as “company” but corrected it as clear that it is a clerical error. On the other hand, the Defendant applied for a loan with the content of KRW 65 million, loan interest rate of KRW 7.60%, loan interest rate of KRW 36 months, monthly payment amount of KRW 2,024,891.

However, in fact, the defendant did not own property under the name of the defendant, and it was thought that he would immediately transfer the above car to a third party after purchasing the above car, so even if he received a loan from the victim company, he did not have any intention or ability to repay the loan

As such, the Defendant deceivings employees of the victim company and received 65 million won loans from the victim company on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the application form for the vehicle of Hyundai Capital, copy of the loan agreement of Hyundai Capital, copy of the vehicle register (A), claim list, details of deposit, output of the deposit money, and output of short-term personal history inquiry;

1. It is so decided as per Disposition on the grounds of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment;

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