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(영문) 대전지방법원 2014.01.03 2012고단4533
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 14, 2010, the Defendant made a false statement to the staff of the Victim Hyundai Capital Co., Ltd. at the Daejeon High School Research Institute of the Daejeon High School, Daejeon-dong 160-20, that “The purchase fund will be repaid in installments for 36 months on the face of the loan,” to the staff of the Victim Hyundai Capital Co., Ltd. at the fourth Hyundai High School, Daejeon High School Research Institute, Daejeon High School, Daejeon High School.”

However, even if the defendant received a loan, he did not have the intention or ability to complete the loan.

Nevertheless, the Defendant, as above, was issued KRW 13,80,000 under the name of the loan by deceiving the victim and preparing a loan agreement.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the complaint, copy of the loan application/agreement for the purchase of secondhand cars, and register of automobiles;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Criminal Act’s provision regarding sentencing for sentencing of the crime in the instant case, the Defendant’s liability for the crime in the instant case was not somewhat weak and did not take measures for recovery from damage, and the Defendant was sentenced to punishment in the previous case: Provided, That the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and various sentencing conditions specified in the pleadings in the instant case, including circumstances after the crime, shall be comprehensively considered

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