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(영문) 청주지방법원 2017.08.10 2017고단138
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, around April 15, 2015, the 2017 Highest 138, the Defendant, at the office of the Cheongju-gu Office of the 5th floor C in the Cheongju-gu, Cheongju-si, Cheongju-si, and at the office of the Cheongju-gu, the employees of the damaged C Co., Ltd., would purchase the Dana st

In addition, it applied for installment financing loans worth KRW 27 million.

However, even if the Defendant received installment financing loans from the injured party, the Defendant did not have the intent or ability to repay the principal and interest of installment payments, and was thought to dispose of the middle vehicle purchased as above.

The Defendant was granted a loan of KRW 27 million from the injured party under the name of the purchase price for the car at the fourth city.

Accordingly, the defendant was given property by deceiving the victim.

On August 27, 2015, the Defendant applied for a loan of KRW 5 million on the condition that the principal and interest shall be repaid not later than August 27, 2018, on the condition that the interest rate shall be 34.9% per annum by calling to the office of the victim FF corporation on the fourth floor of the Seocho-gu Seoul Special Metropolitan City E building in Seocho-gu Seoul Special Metropolitan City.

However, even if the Defendant received a loan from the injured party, the Defendant did not have the intent or ability to repay the loan in accordance with the loan transaction agreement.

The defendant received 5 million won (including completion of a number) from the damaged person on the same day through the new bank account (Account Number G) of the defendant on the same day from the damaged person, and acquired it as a loan.

Summary of Evidence

"2017 Highest 138"

1. Partial statement of the defendant;

1. A H statement;

1. Complaint;

1. A copy of an application for side financing;

1. A detailed statement of installment payments;

1. Statement of impossible delivery of a motor vehicle: "2017 Highest 948";

1. Partial statement of the defendant;

1. Complaint;

1. A certificate of transfer;

1. Application of Acts and subordinate statutes on loan transaction;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criminal intent is heavier than the nature of the crime in light of the circumstances leading up to the crime of sentencing in Article 62-2 of the Social Service Order Criminal Act.

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