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(영문) 전주지방법원 군산지원 2015.04.24 2014고단1387
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 4, 2013, the Defendant made a false statement to an employee of the victim's social company established in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, that "I would pay KRW 10,000,000 to 410,939 won per month for 36 months if he/she loans KRW 10,000 to purchase a high-class car." On March 4, 2013, the Defendant made a false statement to the said employee, stating the above contents and submitted to the said employee.

However, even if the Defendant purchased used cars through the installment loan for used cars, it was intended to offer them as security and borrow money to the male in the name of the Defendant, and even if the Defendant did not have any income at the time and received the installment loan, he did not have any intention or ability to pay the proceeds.

As above, the Defendant, by deceiving the victim company, had the victim company transfer KRW 10,000,000 to C Trading on the same day, to the victim company for purchase of the BM5 vehicle.

Accordingly, the defendant could not pay 10,000,000 won to the victim company by deceiving the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The president of the debtor, the written application for the second and second installments, and the agreement on the second and second installments;

1. Application of Acts and subordinate statutes to the written complaint, supplement statement and statement of D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) [1-1 year] mitigation area (special mitigation person], or damage recovery from considerable part of mitigation area (the decision of sentence] [the decision of sentence] deceiving the victim, however, the defendant deceivings the victim, but the defendant is against the victim and is divided, and most of the damage amount is repaid to the victim and the victim is fully agreed. The defendant is subject to criminal punishment prior to the crime of this case.

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