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(영문) 전주지방법원 2017.10.25 2017고단1471

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On March 31, 2008, the Defendant made a false statement to the effect that “The Defendant would pay the purchase fund loan to the business employees E of the victim Hyundai Capital Co., Ltd. in order to purchase TG car by borrowing it in 2008, and would pay the installment each month normally.”

However, in fact, since the defendant purchased a car with a loan and intended to pay the bonds to the bond company immediately after he purchased the car, the defendant did not have the intention or ability to pay the installments properly even if he obtained a loan from the victim company.

The Defendant, as such, by deceiving the above E, received 28 million won as a loan to purchase vehicles from the victim company on the same day through E.

2. On April 14, 2008, the Defendant, at the place of the above paragraph (1) above, by deceiving E business employees of the victim company in the same manner as the above paragraph (1), was given KRW 28 million from the victim company as a loan to purchase vehicles on the same day.

In this respect, the defendant deceiving the victim company and obtained the delivery of 56 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Each loan agreement;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. The circumstances favorable to the decision of sentence: The defendant led to the confession of each of the crimes in this case, and reflects his mistake; and the defendant is between the National Dives Fund of Korea and the company that received the claim from the victimized company.