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(영문) 수원지방법원 안산지원 2015.09.17 2015고단1772

사기

Text

A defendant shall be punished by imprisonment for six 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 August 14, 2014, the Defendant: (a) purchased the Plaintiff’s Ogress from the Plaintiff’s Ogress from the Plaintiff’s OFs from the Plaintiff, and (b) submitted a written installment financing agreement to the employees of the victim whose name could not be known, to the effect that “The Defendant would obtain a loan of KRW 18,60,000 from the victim; (c) set up a collateral security on the said passenger vehicles from August 15, 2014 to July 15, 2018; and (d) the monthly installment payment of KRW 550,270 for 48 months from July 15, 2018.”

However, even if the above vans were delivered to the Defendant, the Defendant thought that he would immediately transfer his existing debt to C, and the Defendant not only did he were in bad credit standing at the time but also did not have any intent or ability to pay the amount to be paid to the victim, on the other hand, because he did not have any import or property.

The Defendant, as above, by deceiving the victim, received KRW 18,600,000 from the victim as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A schedule for used cars; and

1. Terms and conditions of the decision on automobile auction;

1. Statement of impossibility of delivering automobiles;

1. A detailed statement of deposit;

1. Automobile register;

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of structure of a used car contract);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6-100,000 won or less) (6-100,000 won or less) of types 1 (6-100,000 won or less): Unfavorable sentencing factors: The amount of fraud of this case is not significant, the amount of the crime of this case is not paid properly: Sentencing factors that are favorable to the fact that the amount of damage has not been paid properly: The defendant's age, motive and circumstance of the crime of this case, the method thereof, the circumstances before and after the crime, and family relationship, etc.