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(영문) 수원지방법원 2014.11.05 2014고단5117
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around October 2011, the Defendant offered a public offering with a name-oriented B and C by taking part of the loan with a false loan, despite having no intent or ability to repay the loan, even if he/she received a loan by means of a vehicle as security.

2. On October 11, 2011, the Defendant, around October 11, 201, concluded that the Defendant borrowed KRW 25 million from the Seocho-gu Seoul Metropolitan Government D apartment 1 Dong 903 E, which is an employee of the Victim Capital Co., Ltd. (F), by means of remitting KRW 993,990 on the fifth day of every 36 month when he/she borrowed KRW 25 million to G, who is an employee of the Victim Capital Co., Ltd. (F), and received a remittance of KRW 25 million for purchased vehicles.

However, in fact, even if the defendant and the non-persons who received the above loans from the victim, they did not have the intent or ability to repay the loans in accordance with the loan agreement.

As a result, the Defendant, in collusion with infinites, received KRW 25 million from the victim company.

2. Around October 14, 2011, the Defendant, around October 14, 201, received a remittance of KRW 21 million from the following false statement: (a) around October 14, 201, the Defendant: (b) at the Incheon Central Office of Business, Inc., Ltd., Ltd., Ltd., a two-one million capital stock company (H) affiliated store in Nam-gu, Incheon; (c) “When obtaining a loan of KRW 21 million, he/she shall repay the loans by remitting KRW 628,440 on the 14th of each month; and (d) he/she shall establish a collateral security on the purchased vehicle.”

However, in fact, even if the defendant and the non-persons who received the above loans from the victim, they did not have the intent or ability to repay the loans in accordance with the loan agreement.

As a result, the Defendant, in collusion with infinites, received KRW 21 million from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to J and K;

1. Application of Acts and subordinate statutes to a written application for the surrender of a bond, including inquiry into the balance of the bond;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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