beta
(영문) 의정부지방법원 고양지원 2018.10.26 2018고단2122

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

On June 22, 2018, the Defendant was sentenced to 6 months of imprisonment for fraud and 2 years of suspended sentence for fraud in order to establish a district court for the District Court, and the judgment became final and conclusive on June 30, 2018.

The defendant is a used vehicle with the driver's license, and the defendant will receive a loan and use it as if he/she purchased a high-ranking vehicle with four borrowed names, and he/she will repay it ten days after borrowing it.

"........... B was offered to obtain a loan under the name of a second class purchase.

Accordingly, on November 3, 2017, the Defendant: (a) at a non-permanent location on November 3, 2017; (b) at a time when a loan was granted under the name of B, there was no intent or ability to purchase a heavy vehicle under the name of B; and (c) there was no intent or ability to repay the said loan within the due date on which the said loan was promised; and (d) at the time, there was no intention or ability to repay the said loan; (b) at the victim’s new credit card company (the victim company) by telephone, “B intends to purchase the vehicle at KRW 47 million to purchase the vehicle at KRW 47 million; (c)” and (d) B by telephone to the victim company.

“Along on the same day,” the victim was paid KRW 47,00,000 to the Agricultural Cooperative Account (D) in the name of the Defendant on the same day.

Accordingly, the defendant, in collusion with B, acquired 47,000,000 won from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police for E;

1. A detailed statement of banking transactions;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (reports on the binding of the same type of personal records and the file of the criminal suspect A) and the application of statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The method of acquiring the instant case for sentencing of Article 62-2 of the Social Service Order Criminal Act.