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(영문) 광주지방법원 2015.10.22 2015고단1586
사기
Text

A defendant shall be punished by imprisonment for four 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

On May 23, 2013, the Defendant made a false statement to the employees B of the Samsung Motor Vehicle Completion Branch in the Young-dong, Gwangju Mine-gu, that “The Defendant would purchase SM5 passenger cars using the Victim Capital Capital Loan. The Defendant would pay the interest rate of 6.9% per annum with a 60-month installment.”

However, while the Defendant, at the time, was preparing for the commencement of the business by the “C” company, did not have any particular income. However, the Defendant was liable for the debt of KRW 50 million to the financial institution, and was in excess of the debt amount of KRW 184.6 million with the maximum debt amount of KRW 130 million with the real estate purchased at KRW 130 million, and there was no intention or ability to repay the debt even if he borrowed money from the victim.

Nevertheless, the Defendant made a false statement as above and received a loan of KRW 27,80,000 from the victim as a loan for the purchase of passenger cars.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement concerning B;

1. Each motor vehicle register, all registered matters certificate, and business registration certificate;

1. Application of Acts and subordinate statutes on a sales contract for Rotterdam, a copy of a written application to be filled in by the issuer, a detailed statement of loans, the details of receipt of principal and interest of each time discrimination, interview records, credit information inquiries, credit information inquiries, and advanced

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution is a case where the Defendant obtained a loan of KRW 278 million from the victim to obtain a loan from the victim, and, as long as the amount of unrepared damage remains at KRW 218 million, it is inevitable to punish the Defendant corresponding to the above.

However, the defendant is not a party.

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