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(영문) 서울서부지방법원 2018.10.31 2018고단3116
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 5, 2012, the Defendant agreed to pay KRW 20,169,503 each month in installments for 24 months while purchasing D-car at a Chap agency located in Mapo-gu Seoul Metropolitan Government, and applied for a loan of KRW 49,00,000 from the victim E corporation.

However, at the time, the Defendant did not have an intention or ability to repay the principal and interest normally even if he did not have any particular property or repayment plan and received a loan from the injured party because he did not immediately think that the automobile purchased with the loan was transferred to the customer of the company operated by the Defendant to a third party.

As such, the Defendant, by deceiving the staff in charge of the victim company, obtained a loan of KRW 49 million from the victim company for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of loan application form, summary statement, vehicle registration ledger, and deposit details under statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The sentence of imprisonment with prison labor is to be imposed in light of the fact that the reason for imposing selective imprisonment with prison labor was large and the injury was not recovered at all, and that it seems difficult to recover, but the sentence is to be determined as ordered in consideration of the fact that the first offender is a first offender, that the payment of the transaction price could not be made due to business failure, that the payment of the transaction price was used as a crime to raise the fund, that the commission of

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