(영문) 서울북부지방법원 2018.05.17 2017고단4613

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(영문) 서울북부지방법원 2018.05.17 2017고단4613

사기

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On October 19, 2017, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Northern District Court, and the said judgment became final and conclusive on March 15, 2018.

On July 23, 2014, the Defendant applied for a loan of KRW 66 million on the condition that the Defendant would pay KRW 1,723,000 on an installment basis for 48 months until August 25, 2018, when purchasing a serious dump truck from the injured party under the name of C, at the point of view of the damaged party’s modern capital, and on August 25, 2018.

However, at the time, the Defendant was unable to obtain a loan in his own name in excess of KRW 400 million, and the Defendant was in the bankruptcy petition against the Plaintiff at the time of receiving the loan from the damaged party, and there was no intention or ability to repay the loan even if the Defendant was to receive the loan from the damaged party due to the lack of any particular property.

The defendant deceivings the victim as above, and he obtained 66 million won from the victim to receive 66 million won on the same day.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement protocol by the police for E;

1. Complaint;

1. A report of investigation (report on confirmation of the details of installment payments);

1. Court rulings or applications for loans;

1. The defendant's reply to the defendant's argument, such as criminal history, was sufficiently able and able to repay the loan at the time of receiving the loan from the injured party.

The argument is asserted.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant was given a loan under the name of C when the Defendant applied for the loan of this case more than KRW 400 million and was unable to obtain the loan under his own name. At the time, the Defendant filed a petition for bankruptcy with a court with respect to the company operated and the Defendant, and the Defendant became aware of the non-SB case when purchasing two dump trucks under the name of C at a time similar to this case.

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