beta
(영문) 서울북부지방법원 2017.12.20 2017고단4473

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant around August 5, 2013, at the social North Korea branch located in Seoul Special Metropolitan City, in order to purchase one motor vehicle for the victim's own car from the automatic vehicle of the KCAB in order to purchase one motor vehicle for the victim's own loan in the city of Seoul, the defendant must pay to the non-standing personnel in charge of the victim's loan for the amount of KRW 27 million for 60 months.

“The purpose of “ was to make a false representation.”

However, in fact, the defendant did not have any particular property or income, and even if he purchased a vehicle through the loan, he sold the vehicle immediately and used the price as debt repayment, etc.

Nevertheless, on August 5, 2013, the Defendant had the victim pay KRW 27,000,000 to the automobile of the Plaintiff.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the register of motor vehicle registration, the details of deposit A, the asset transaction agreement, and the Acts and subordinate statutes on the written agreement of installment financing of motor vehicles;

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud.

3. The sentence is the first offender who has no record of the criminal decision, the idea of repaying the existing debt, the fact that the crime of this case appears to have resulted in the crime of this case without seriously considering the seriousness of the crime, the deposit of KRW 2 million for the recovery of damage, and the amount of the money obtained through the crime of this case, taking into account the defendant's age, sex behavior, environment, etc., the punishment is determined as ordered by the order.