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(영문) 인천지방법원 2015.10.28 2015고단3635
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 13, 2015, the Defendant was sentenced to 8 months of imprisonment with labor for a violation of the Punishment of Tax Evaders Act at the Incheon District Court, and the said judgment became final and conclusive on June 8, 2015.

【Criminal Facts】

1. Around July 5, 2010, the Defendant filed an application for a loan to a staff member in charge of loans belonging to a new letter-based general installment financing company, which is an affiliated store of the victim Dongyang Life Insurance Co., Ltd., for the purchase of a new letter-based car through E from the D office operated by the Defendant in Yeonsu-gu Incheon Metropolitan City.

However, the defendant did not have the intention or ability to pay installments properly even if he was given a loan from the damaged company due to the lack of special property or income.

As such, the Defendant, by deceiving the damaged company, had the victimized company pay 14 million won for the purchase price of the vehicle under the pretext of the loan, thereby acquiring property profits equivalent to the same amount.

2. On July 14, 2010, the Defendant applied for a loan to a loan employee affiliated with the victim Hyundai Capital Co., Ltd. for a vehicle in purchasing a vehicle in the D office operated by the Defendant in Yeonsu-gu Incheon Metropolitan City.

However, the defendant did not have the intention or ability to pay installments properly even if he was given a loan from the damaged company due to the lack of special property or income.

As such, the Defendant, by deceiving the damaged company, had the victimized company pay 28.6 million won for the name of the loan, thereby acquiring property profits equivalent to the same amount.

Accordingly, the defendant, by deceiving the victims, acquired a total of 42.6 million won property interest.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A copy of each application for loan, an ordinary letter of receipt, and the register of automobiles;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, the application of Acts and subordinate statutes (in the face of 63 pages of investigation records);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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