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(영문) 서울중앙지방법원 2020.05.06 2019고단8446
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On June 9, 2014, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on the 13th of the same month;

【Criminal Facts】

On March 2012, the Defendant: (a) contacted “C”, a nameless victim, who was the nameless victim, posted the B advertisement, with a view to undermining the loan by using the Handphone; (b) paid a mobile phone overdue charge in accordance with the direction of the Defendant; (c) raised the credit rating by obtaining a loan by using the loan from the capital company in the name of the Defendant; (d) purchased a new car in the name of the Defendant; and (e) procured a loan from the capital company in the name of the Defendant;

On July 17, 2012, the Defendant submitted a false statement to the said branch staff at the Suwon-si Seoul Special Metropolitan City Egypt Co., Ltd., stating that “F and G Excavation Co., Ltd., a total of KRW 124 million purchase fund of KRW 12,400,000 shall be repaid on a yearly interest rate of 48 months and 20.9% in equal installments of principal and interest.”

However, the defendant did not have any intention or ability to repay, even if he received a loan from the victim for the purchase of the excavated period.

Accordingly, the Defendant, in collusion with the false statement of name, by deceiving the victim (juE staff) staff as above, received a total of KRW 124 million from the victim to the H bank account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A criminal investigation report (the complainant's representative and telephone call);

1. Each examination tag, each application for loans for secondhand excavation machines, and the register of construction machinery;

1. Previous convictions in judgment: Investigation report (reports on the attachment of a suspect A judgment and confirmation of the fixed date), and application of criminal records-related statutes;

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. Reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes.

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