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(영문) 수원지방법원 안산지원 2019.06.14 2019고단320

사기

Text

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

Reasons

Punishment of the crime

[criminal power] On November 27, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Western District Court (Seoul Western District Court) on May 25, 2014, and the execution of the sentence was terminated at the Seoul Southern District Court. On March 30, 2018, the Seoul Southern District Court sentenced three years and six months of imprisonment for fraud, etc., and the judgment became final and conclusive on July 6, 2018.

【Criminal Facts】

On February 15, 2017, the Defendant made a false statement to the victim B of the automobile trading company with which the trade name in Seongdong-gu Seoul Metropolitan Government is unknown, stating that “In order to purchase Ecoos vehicle equivalent to KRW 50,000,000, which is to be used in the company, the Defendant would be dealt with without any problem by ascertaining the company all of the installment payments, etc.”

However, at the time, even if the Defendant purchased the vehicle as above, he did not think that the vehicle would be immediately disposed of and cashed, and the collateral security right established on the above vehicle could not guarantee the full amount of the above vehicle loan, and there was no intention or ability to pay the above vehicle normally and prevent damage to the victim.

As above, the defendant deceivings the victim and caused the victim to do so on the same day to obtain a loan of KRW 50 million to the defendant as security for the vehicle C in order to obtain a joint and several surety, thereby making the defendant obtain a joint and several surety equivalent to the same amount.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. An automobile transfer certificate, an erroneous agreement, an application for debate, the register of automobiles;

1. Suspected credit information inquiry results;

1. A complaint;

1. Investigation reports (related to telephone conversations by a complainant), investigation reports (related to telephone conversations by a witness), investigation reports ( telephone conversations by a witness E), investigation reports (verification of criminal records by a suspect), and criminal investigation reports (verification of criminal records by a suspect) are different cases by the defendant.