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(영문) 대구지방법원 포항지원 2016.01.13 2015고단595
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2015, at around 16:00, the Defendant filed an application for a loan of used cars with the victim company B, who is an employee of the victim company, within the office of the victim company, at the time of moving to ASEAN, which is one of the agencies of 34-9, Busan City-Gu, Busan-do, 16:00, the Defendant purchased a loan of 26,000,000 won from the injured party and owned it, and the Defendant held the above loan of 26,00,000 won and owned the above loan of 27,886,970 won per annum, which added interest of 17.4% per annum to the above loan of 48 months.

However, in fact, the defendant did not hold the above vehicle even if he received a loan from the injured party, and did not immediately think that he would borrow money as security, and since there was no property particularly owned, it was insufficient to cover the interest and living expenses of about 130,000,000 won of the previous loan of the defendant, there was no intention or ability to pay the loan normally even if he received the loan from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) had an employee in charge of the said victim’s name in charge pay KRW 26,00,000 on the same day to the Korean National Bank Account (Account Number E); and (c) obtained a pecuniary benefit equivalent to the above amount by subrogation as the vehicle price.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of an application for a secondhand debate (loan), a copy of a secondhand debate (loan), and the details of payment of loans;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.

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