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(영문) 인천지방법원 부천지원 2014.05.23 2014고단379
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[2014 Highest 379] On March 16, 2012, the Defendant made a false statement to the effect that he/she would submit a certificate of his/her employment to the employees of the non-victim through the second and second trading broker at the D office located in "D" office in Gyeonggi-do, Seoul building 805, and would repay installments after applying for a loan of vehicle purchase fund.

However, the defendant did not attend E, and even if he did not receive the above loan due to the lack of property or income, he did not have the intention or ability to complete the loan.

Nevertheless, as above, the defendant deceivings employees of the non-victims and received KRW 15 million from the victim Ariju Capital Co., Ltd. as the fund for the purchase of the second class.

[2014 Highest 494] On March 19, 2012, the Defendant made a false statement to the effect that, at the Han Capital Co., Ltd. located in 823-21, Gangnam-gu Seoul Metropolitan Government, Seoul, the Defendant submitted a certificate of employment he/she holds office to the employee of the non-victim, and the Defendant would repay installments after applying for a loan of vehicle purchase fund.

However, the defendant did not attend E, and even if he did not receive the above loan due to the lack of property or income, he did not have the intention or ability to complete the loan.

Nevertheless, the Defendant, as above, by deceiving the employees of the victim victim, received KRW 25 million from the victim 1 Capital Co., Ltd. as the fund for the purchase of the second class.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of each statute on filing of a complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act: (a) confession and reflects each of the instant crimes; (b) an agreement was made with the Victim Capital Co., Ltd.; and (c) damage to the Victim Capital Co., Ltd.

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