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(영문) 대전지방법원 2018.11.01 2018고단929

사기

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On November 15, 2012, the Defendant entered into a contract for installment purchase of vehicles to pay KRW 22,30,000,000,000 to the employees of the victim Hyundai Capital Co., Ltd., as if he purchased vehicles in order to possess a vehicle at the time of the purchase of the vehicle in the middle and influencing commercial transaction in the Seo-gu, Seo-gu, Seo-gu, Seoul, around November 15, 2012.

However, the defendant had no intention to purchase and hold a motor vehicle, and there was no specific import at the time, and there was no intention or ability to repay the loan.

The defendant had the victim company pay 22,300,000 won of the above vehicle purchase price on the same day, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. An application for the loan of modern capital;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had a record of being punished for the same crime, shall be determined as the Disposition, taking into consideration the favorable circumstances, such as the fact that the defendant committed the crime in this case again, the crime in light of the methods and contents of the crime in this case, the fact that the quality of the crime is not good, the damage has not been recovered properly, the partial repayment of the amount of damage has been made, the confession of the defendant, and