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(영문) 부산지방법원 동부지원 2018.05.02 2018고단126
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On October 22, 2015, the Defendant: (a) through employees with the location where the name was unknown at the office of “ASASAE exhibition” located in the Daegu-gu Seo-gu culture, 67 El 6th floor 9, the Defendant: (b) obtained an erroneous loan to purchase cubs vehicles to the victim KK Savings Bank; and (c) was the personal business operator operating the “D cubs” vehicle located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C; and (d) had the principal and interest of each month paid over 48 months.

However, in fact, the Defendant had a personal obligation equivalent to KRW 31 million at the time, registered a business operator as if he was operating a D cafeteria in order to obtain a loan, and was thought to sell the vehicle immediately after purchasing the vehicle, and thus, there was no intention or ability to pay the loan normally even if the Defendant received a loan from the damaged person as collateral.

Nevertheless, the Defendant, as such, got a loan of KRW 30 million from the injured party, by deceiving the Korea Stock Savings Bank Co., Ltd., and acquired pecuniary profits equivalent to that of the above amount by purchasing cub car above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application for debate, summary statement, ledger of motor vehicle registration, and Acts and subordinate statutes applicable to investigation reports (attached to data submitted by a complainant's agent);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is not recovered, and the defendant is not in agreement with the victim.

However, the defendant's profit derived from the crime of this case seems to be almost nonexistent, and the right to collateral security in the name of the victim is established on the vehicle of this case.

Criminal facts are recognized and they are against the defendant, and there is no criminal records exceeding the same criminal records and fines.

The age, the defendant's age;

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