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(영문) 서울중앙지방법원 2019.09.25 2018고단8374
사기
Text

A defendant shall be punished by imprisonment for six 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 December 6, 2012, the Defendant applied for a loan of KRW 49,80,000 to the employees in charge of the victim D Co., Ltd. for a loan of KRW 49,80,000 for the E-cubed vehicle purchase fund in Yongsan-gu Seoul, Yongsan-gu, Seoul, and carried out as if the Defendant were in office as “F Co.” company

However, in fact, the Defendant was not in office at the time of “F Company”, and the obligation was about KRW 40 million, and was intended to purchase and sell the Ecuaps car, and there was no intention or ability to repay the loan normally even if the Defendant received the loan from the victim company.

In the end, the Defendant deceiving the employees in charge of lending the victim company, and caused the said employees to pay the Defendant’s purchase price of the said car to C, thereby acquiring the same pecuniary profit.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. A complaint;

1. Application of the Acts and subordinate statutes of a copy of loan application, copy of vehicle transfer certificate, register of automobiles and claim details list;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the Criminal Act’s choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for fraud [type 1] and there is no person who is less than KRW 100 million [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation] [the general person] basic area, six months to one year and six months [the general person] of imprisonment [the mitigated element] where most of the proceeds of crime are not consumed and held, participation in the division, serious reflector [ taken into account] - Where substantial damage is considerably small or considerable damage is recovered, the major reason for fraud is that there is no criminal record above the suspension of execution, participation as an accomplice, and most of the proceeds of crime are not consumed.

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