beta
(영문) 서울남부지방법원 2014.12.18 2014고단4232

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, in collusion with a person in bad name, was merely intended to offer or sell a security without the intention of holding a vehicle by purchasing or selling it, and was intended to obtain installment financing loans by deceiving the victim Samsung Card Co., Ltd. as if he actually purchased a vehicle, despite the absence of the intent or capacity to repay the installment financing loans in accordance with the agreement.

On September 14, 2012, the Defendant: (a) issued a resident registration abstract, seal imprint, certificate of personal seal impression, and copy of identification card under the name of the Defendant to the above-known winners in the vicinity of Guro-gu Seoul Metropolitan Government; and (b) signed and sealed the application for the loan of a blind vehicle in blank; and (c) around September 14, 2012, the above-mentioned bearers acquired D Truck from the victim by deceiving the victim’s name-free employees by means of purchasing and submitting the said documents at the office of the Gangnam-gu Seoul Dobong-gu Seoul Metropolitan Government “other treating Motor Vehicles Co., Ltd., Ltd.” located in Dobong-gu’s Dobong-dong (Seoul Dobong-gu).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on filing complaints and accompanying materials of E;

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. As to the suspended sentence under Article 62(1) of the Criminal Act, the sentence like the order shall be imposed in consideration of the favorable circumstances, such as the fact that the reasons for sentencing under Article 62(1) of the Criminal Act came to fall under the name of the poor, and the actual acquisition of the loan, and the fact that the loan has not been acquired at least once,