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(영문) 수원지방법원 평택지원 2013.08.21 2013고단603

사기

Text

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

except that 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 6, 2010, the Defendant purchased the amount of ecoo vehicle B at the office of the Pyeongtaek-dong, Pyeongtaek-dong, 833,000,000 won, and agreed with the Defendant Hyundai Capital Co., Ltd. to pay the purchase price of the said vehicle in the form of installment payment of the principal and interest on loans of 58,00,000 won.

However, at the time, the Defendant was liable to pay 40 million won other obligations, and the Defendant did not have any other property than 40 million won, so even if having received the loan, there was no ability to pay the above principal and interest.

Nevertheless, the Defendant, as above, by deceiving the victim company, obtained a loan of 58 million won from the victim company on August 11, 2010 and acquired it by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application for the goods of modern capital;

1. A motor vehicle sales contract and a certificate of condition, register of motor vehicles;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed list of savings deposits and transactions);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence for the sentencing guidelines / [type] the scope of the recommended sentence for the sentencing guidelines / [type] the category 1 (less than KRW 100 million) (the scope of the recommended sentence] of the general fraud group: six months from June to June of the basic area

2. The suspension of execution shall be sentenced in consideration of various sentencing conditions, such as the fact that the defendant recognized the crime, the fact that the defendant reflects the fact that the victim voluntarily agreed with the victim and the victim voluntarily withdraws the complaint against the defendant, and there is no criminal record exceeding the same kind of power and fine;