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(영문) 의정부지방법원 2013.08.22 2013고단1397
사기
Text

A defendant shall be punished by imprisonment for four 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

In fact, the Defendant: (a) did not have the intent and ability to repay the loan even if he/she received a loan from the victim Aju Capital Co., Ltd. as a security; (b) obtained a loan of KRW 16 million from the victim company as a security; and (c) obtained a loan of KRW 16 million from the victim company to the C Office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Seoul; and (d) obtained a loan of KRW 16 million from the victim company to the employee in charge of the loan of the said victim company, and acquired the loan of KRW 16 million from the victim company as the purchase price of the vehicle for 24 months.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaint;

1. Application of the register of automobiles statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (which reflects the principle of suspended execution and takes into account the number of damages in this case);

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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