(영문) 수원지방법원 2016.04.20 2015고단5674

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(영문) 수원지방법원 2016.04.20 2015고단5674

사기

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 22, 2014, the Defendant: (a) committed as if he/she had the intent and ability to pay the installment of the vehicle loan, at the office of Lone Star Co., Ltd., Ltd., which was closed in Suwon-si, 875 in order to pay the installment of the vehicle loan, and (b) applied for heavy loan loan to employees in the name and incompetuent employee of the victim Hyundai Capital Co., Ltd., with the content of the loan amount of KRW 30 million, interest rate of KRW 17.4%, and 36 months during the loan period; and (c) received KRW 30 million from the person who was damaged.

However, the fact is that the defendant was closely in a state of card payment and the situation where the defendant was unable to properly procure the living expenses, and even if he was granted a loan from the injured party, he did not have an intention or ability to pay the installment properly.

Nevertheless, the defendant deceivings the victim as above and acquired it by receiving KRW 30 million from the victim as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions, such as an examination table, a written application for heavy loan, a ledger of automobile registration, a list of claims, and details of account transactions;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, Article 347(1) of the Criminal Act, the fact that the defendant did not recover even though the damage for the reasons for sentencing of punishment of imprisonment is not a significant amount, the fact that the defendant could have been punished as a crime of fraud, the defendant committed the crime of this case during the period during which the crime of this type of crime was suspended, and all the circumstances of sentencing mentioned in the records and arguments, such as the background of the crime of the defendant, the process of examining the victim's loan, the defendant's attitude

참조조문

-형법 제347조 제1항

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