(영문) 서울중앙지방법원 2016.01.14 2015고단7297

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(영문) 서울중앙지방법원 2016.01.14 2015고단7297

사기등

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] On January 3, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and the judgment became final and conclusive on March 8, 2013.

[Criminal facts] The Defendant, when purchasing a car, failed to purchase the car, failed to use the car in order to obtain a loan by stealing the name of the external third villageN.

1. On February 15, 2011, the Defendant: (a) obtained a loan for insufficient purchase funds from the subsidiary office located in the Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu, Seoul Special Metropolitan City 108-9; (b) obtained a loan from a company E280 car in purchasing AOE280 cars; (c) stated the loan amount column of the application form for Hyundai Capital Capital Loan in the column for the loan and the column for the loan period as “36,000,000”; (d) indicated in the column for repayment of principal and interest per month in the column for repayment; and (e) indicated in the column for the repayment of principal and interest per month in the column for the repayment method; and (e) stated “N” in the column for the principal and interest; and (e)

In this place, he has stamped the seal of N, and submitted the forged loan application as if it was a document that was duly formed.

Accordingly, the defendant forged a loan application in the name of "N", which is a private document on rights and obligations, and exercised it.

2. The Defendant submitted an application for a forged loan at the above time and place, and a certificate of his/her seal impression, etc. prepared in ND, and applied for a vehicle loan to the Hyundai Capital Co., Ltd. in the name of the injured party.

However, the defendant has no intention or ability to repay the loan according to the agreement even if he has received the loan from the injured party.

The Defendant, by deceiving the victim, received 43,900,000 won from the victim under the name of the loan at around that time, and did not repay KRW 20,218,382 from the victim, thereby deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1.N and AP:

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