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(영문) 수원지방법원 안산지원 2016.09.20 2016고단2000

사기

Text

A defendant shall be punished by imprisonment for six 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 December 20, 2008, when the Defendant purchased EM7 vehicles from D agencies located in Y7 in Y-gu Seoul Special Metropolitan City, the Defendant agreed to obtain loans from the employees of the Korea Social Services Korea Co., Ltd. (hereinafter referred to as the “victim”) of the victim Alsia to receive KRW 25 million from the injured party at an interest rate of 3.9%, from January 25, 2009 to December 25, 201, by specifying the repayment period of KRW 36,988 as if he/she owns the vehicle with the loan of the installment.

However, in fact, the defendant did not intend to dispose of the above vehicle immediately and make a cash loan without the intention to hold it, and even if he did not receive the above money because there was no particular property or income at the time, there was no intention or ability to repay it.

Nevertheless, the defendant, as mentioned above, obtained a loan of KRW 25 million from the damaged person in the name of the vehicle on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints of Korea Social Services Korea Co., Ltd., and F’s statements

1. Application of installment financing and loan agreements, the motor vehicle registration ledger (A), and statutes on deposit status;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Although the defendant's deception reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are not somewhat weak, the amount of the principal remaining after eight installments are 19,694,036, the defendant's actual profits from the crime of this case seems not to be significant, or there is no record of punishment for the crime committed after 1993, or there is no record of punishment for the crime committed after 1993, and the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, etc. shall be determined within the scope of recommended sentencing (basic area, June 1, 201) based on the sentencing guidelines.