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(영문) 수원지방법원 안산지원 2013.11.28 2012고단2759
사기
Text

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

Reasons

Punishment of the crime

On April 5, 2012, the Defendant prepared an application for loan of Hyundai Capital loan with the content that “The Defendant would pay 1,182,376 won for 36 months each on the 20th day of each month to lend 29 million won of the purchase fund of the company from the company in charge of the Defendant’s name,” and submitted it to the employee in charge of the victim’s (the owner) free capital through the employees in charge of the victim’s free will.

However, in fact, the defendant did not have a certain occupation such as working as a daily worker at the time, and actually purchased a heavy vehicle and immediately disposed of it to a third party, and there was no intention or ability to repay it even if he received a loan from the victim.

Nevertheless, the defendant deceivings the victim as above and is in the same month from the victim.

6. receives KRW 29 million from the account as the representative of the second and second trading company to the D account.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes on investigation reports (Submission of explanatory materials by the complainant) and details of payment;

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

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