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(영문) 서울남부지방법원 2017.01.17 2016고단954
사기
Text

A defendant shall be punished by imprisonment for not less than five 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 July 1, 2015, the Defendant applied for a vehicle installment loan from the victim D office of the 15th floor of the Gangnam-gu Seoul Metropolitan Government building 15th, and applied for a vehicle installment loan to the names of employees of the said company for the EM5th vehicle, and the Defendant applied for a vehicle installment loan from the employees of the said company, “G” under the trade name of “G” as referred to in subparagraph 1 of the F Building of Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, to purchase the vehicle, and the vehicle installment loan is changed. 21,80,000 won is loaned from the 662,220 won per share on the 20th of each month and repaid without a mold.

“False speech was made to the effect that it was “.”

However, at the time of fact, the Defendant purchased a vehicle without certain income or property, and sold it to a third party and did not intend to operate the vehicle by actually purchasing the vehicle. Since “G” registered in the name of the Defendant was merely the name of the Defendant as the Marina business establishment and was merely the president, the Defendant did not have the intent or ability to pay the installment every month for the agreed period even if he received the loan from the injured party.

Nevertheless, the defendant deceivings the victim as above and obtained 21,80,000 won from the damaged person as a loan for vehicle installment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes concerning an application for middle and high-speed debate, a copy of the agreement, a copy of a motor vehicle registration certificate, a business registration certificate, a inquiry about the state of business registration, and a detailed statement of transactions

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. The nature of the crime is not good in that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Order, has acquired money of approximately KRW 20 million under the pretext of a vehicle installment loan;

However, the defendant is the case.

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