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(영문) 광주지방법원 2013.05.23 2012고단473

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to six months of imprisonment with prison labor for larceny at the Busan District Court on July 3, 2008 and completed the execution of the sentence at the Busan Detention House on September 13, 2008.

【Criminal Facts】

The defendant purchased a vehicle with a loan under the name of the elderly and then acquired the loan by selling it immediately.

On November 14, 2010, the Defendant: (a) stated that “A, who is a know-how, is a residents’ license in the North-gu Seoul Metropolitan City, Gwangju Metropolitan City; and (b) stated that “A, who has made a car, shall be deducted”; (c) stated that C’s certificate of seal impression was newly registered; and (d) transferred resident registration to Gwangju Northern-gu E.

On November 16, 2010, the Defendant made a false statement to the effect that “The Defendant would make installment payments for KRW 979,336 per week and KRW 979,36 per month by lending KRW 40 million to a person in charge of Hyundai Capital Co., Ltd. in charge of the victim Hyundai Capital Co., Ltd. in purchasing the No. 1 of the No. 3 of the No. 48 months in the name of G office located in Gwangju North-gu, Gwangju.”

However, the defendant was able to think of the above car by selling it immediately and by dividing it, and there was no intention or ability to pay the above installment.

Accordingly, the Defendant, in collusion with C, received 40 million won as a loan from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement in the protocol of examination of the witness with respect to H and I;

1. Partial statements of each police interrogation protocol against the accused;

1. C's statement in each copy of each protocol of trial;

1. Application for goods of modern capital in the name of C, and application of each of the Acts and subordinate statutes written in each copy of each judgment;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. In light of the method of sentencing Article 35 of the Criminal Act, among repeated offenders, the criminal facts are not less severe in light of the method of sentencing, and not only the criminal facts of the same kind sentenced several times, but also the criminal defendant is a repeated offender, and the criminal defendant has escaped during the trial.