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(영문) 서울남부지방법원 2017.08.03 2016고단5151
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records】 On July 11, 2014, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on August 29, 2014.

【Criminal facts” from February 13, 2013 to the employee in charge of the victim Ariju Capital Co., Ltd. on the telephone from the window on February 13, 2013, the Defendant promised to lend a loan in order to purchase the Grand River.

“A false statement” was made.

However, at the time of fact, even if the Defendant did not own any property and received a loan due to the lack of profit, it was thought that it would immediately be sold and appropriated for living expenses, and even around February 8, 2013, the Defendant borrowed KRW 26.6 million from the Hyundai Capital Co., Ltd. to purchase the franchise vehicle. Therefore, even if he received the loan from the injured party, the Defendant did not have any intent or ability to repay the loan.

Nevertheless, the defendant deceivings the employees in charge of the victimized person as above, and he borrowed 25 million won from the damaged person and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A written application to be submitted to the issuer;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of latter concurrent crimes);

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

1. The latter part of Article 37 of the Criminal Act: Provided, That even though there are unfavorable circumstances, such as the fact that the amount of damage caused by the sentencing of Article 39(1) is not much significant and most of the reasons for the sentencing has not been recovered, the punishment shall be determined by taking into account equity with the case where the judgment

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