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(영문) 인천지방법원 부천지원 2014.09.25 2014고단575
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 24, 2009, the Defendant: (a) concluded on December 24, 2009, that “In the event that the Defendant borrowed KRW 20 million to purchase and operate a vehicle with a loan, the Defendant was granted KRW 964,293 in equal installments of the principal and interest of KRW 964,293 each month while purchasing and operating the vehicle.” (b) received from the victim KRW 20 million, inasmuch as the Defendant did not have the intent and ability to repay the loan, the Defendant was delegated with the authority to make a loan contract, etc. for the purchase of the vehicle from the Plaintiff at the Guro-gu, Guro-gu, Seoul Metropolitan Government (Seoul Metropolitan Government 3dong-ro 3, 1131-1, 1131-1).

Accordingly, the defendant deceivings the victim, thereby deceiving 20 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the accusation, loan contract examination table, loan contract and written agreement, deposit statement, designated deposit statement, loan receipt statement, loan consultation and inquiry force of capital, and register of automobiles;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (the fact that the defendant is trying to repay the principal of the claim through the National Duplicative Fund, the fact that the defendant confessions and reflects the crime of this case, and that the defendant has no record of the suspension of execution or higher);

1. Social service order under Article 62-2 of the Criminal Act;

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