사기
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
In around 2013, when the Defendant purchased a vehicle under the name of the Defendant between B and B, and received a loan and transferred the vehicle to B, B conspired to pay the price to the Defendant.
Accordingly, at the beginning of June 2013, the Defendant: (a) loaned KRW 28 million to repay KRW 682,249 on the face of each week from June 7, 2013 to May 25, 2017; (b) drafted a loan application with the purport that “The Defendant will repay KRW 682,249 on the face of each week” to B.
Since then, around June 7, 2013, E agency located in Suwon-si, Suwon-si, filed an application for the above loan with the employee in charge of the victim's loan, and the defendant made a false statement to the effect that he will receive the telephone from the employee in charge of the victim's loan and repay the money promised to receive the above loan from the employee in charge of the victim's loan.
However, in fact, the defendant was planned to use the above passenger car as business funds by transferring it to B, and thus there was no intention or ability to repay the loan even if he received the above loan from the victim.
The Defendant, by deceiving the victim as above, received KRW 28 million from the victim under the same day as the loan money.
Accordingly, the defendant was given property by deceiving the victim in collusion with B.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. G statements;
1. Application of Acts and subordinate statutes, such as an application for a loan, details of deposits, claim list, register of automobiles and certificate of loan;
1. The relevant provision of criminal facts and the reasons for sentencing under Article 347(1) and Article 30 of the Criminal Act for the choice of punishment [the scope of recommending punishment] [the grounds for sentencing under Article 347(1) and Article 30 of the Criminal Act [the scope of recommending punishment]] there is no basic area (6 to 100,000 won) [the decision of sentencing] [the decision of sentencing] of the defendant, but the defendant recognizes his/her crime. However, the amount acquired by the defendant is not substantial, and the defendant pays approximately KRW 1.3 million and recover damage therefrom.