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(영문) 인천지방법원 2018.03.23 2017고단9452
사기등
Text

A defendant shall be punished by imprisonment for 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

The Defendant did not have any particular monthly income and property, purchased a vehicle with an installment loan from a specialized credit finance business company (such as the automobile ledger and the lease business) which received approximately KRW 80 million from the lending business entity, and sold the vehicle to pay the said debt.

1. Around January 12, 2017, the Defendant entered into a loan agreement with the Yeonsu-gu 115 public service offices of Yeonsu-gu Incheon Metropolitan Government, whereby the Defendant would pay KRW 218,422 each month between 115 and 10 million with the victims’ non-victim Mable social services Korea Co., Ltd. (C) and 60 months.

However, the defendant did not have any particular monthly income and property, and entered into the above loan contract for the purpose of preparing the repayment amount for the obligation due to the demand for the obligation, and there was no intention or ability to repay the loan to the victim from the beginning.

As above, the Defendant acquired property benefits by inducing the victim to pay the price of KRW 10,000,000 from the victim to the automobile trading company on the same day.

2. The Defendant who interferes with the exercise of rights concluded a loan contract, such as the date and time, at the place specified in paragraph 1, as described in paragraph 1, and entered into a collateral security agreement with the victim Non-Bable Social Services Korea Co., Ltd. (C) and the Defendant, the name of the Defendant, with “the value of the claim KRW 10 million, Korea Co., Ltd., Ltd., Ltd., Ltd., Ltd., and the mortgagee A (Defendant).”

On the same day, the Defendant concealed the last W vehicle in front of the F Company parking lot in Nam-gu, Incheon Metropolitan City, by transferring it to the person who has lost his name.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A complaint filed by a non-Mable social service Korea Ltd.;

1. Investigation report (report on telephone conversations between the complainant and the person responsible for H in charge of the side of the complainant);

1. Application of Acts and subordinate statutes, such as a written application for ALPHERA;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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