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(영문) 부산지방법원 2014.04.16 2013고단5274
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2011, the Defendant applied for installment financing as if he were to pay the remainder of 40,000,000 won to the employee in charge of loan of Hyundai Capital who was given a loan from the company of installment financing and was in the absence of the intent or ability to pay the installment properly. However, on January 24, 201, the Defendant applied for installment financing as if he were to pay the remainder of 975,579 won in installments on the 20th day of each month on the 20th day on the 20th day of each month on the 48th day on the 20th day.

The Defendant had the employees of the victim company pay 40,000,000 won to the said modern vehicle with the funds of the victim company, and thereafter, did not pay 37,843,336 won to the victim company for the remaining 37,84,336 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application form for goods of modern Capital and terms and conditions of loan by modern Capital;

1. (A) the details of deposits and the application of Acts and subordinate statutes on the claim list;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflective fact, and the fact that there is no criminal record in the same kind);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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