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(영문) 수원지방법원 2021.02.04 2020고단3556

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 17, 2017, the Defendant was sentenced to a suspended sentence of two years on August 25, 2017 for criminal fraud at the Goyang Branch of the Jung-gu District Court, which was sentenced to a suspended sentence of two years for criminal fraud.

【Criminal facts” from “D” operated by the Defendant himself/herself in the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-si, 2013, to the victim B through “D” to sell it by purchasing and repairing the accident BW car. However, the Defendant may not purchase it under his/her name as it does not have good credit standing.

The loan will be repaired and sold within three months from the lending of the name, and all loans will be paid, and when the name is changed again after the sale, one million won will be paid in return for the loan of the name.

“The phrase “ was false.”

However, the defendant did not have an intention or ability to pay the victim for the loan in the name of the victim by purchasing an accident vehicle and repairing it or paying the loan normally after receiving a security loan in the name of the victim.

The Defendant deceiving the victim as above and caused the victim to enter into an installment loan agreement with the FUW 523i G car in the name of the victim. On September 13, 2013, the Defendant received the FF Bank Account (J) in the name of H, a loan of KRW 15 million from the FF Bank Account in the name of H, and acquired the said loan through the L Bank Account (M) in the name of H, Inc., and acquired the said loan through the I Bank Account (O) in the name of K, which was managed by the Defendant on September 17, 2013.

Summary of Evidence

1. The motor vehicle registration ledger of the police statement protocol against the defendant's legal statement B, inquire into mandatory insurance, confirmation of remittance of loans, results of L bank response, L bank deposit transaction certificate, results of I bank response, details of remittance, and details of delinquency in payment;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of the text of judgment;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;