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(영문) 춘천지방법원 2018.06.14 2018고단243

사기

Text

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

Reasons

Punishment of the crime

On June 23, 2016, the Defendant was sentenced to five months of imprisonment for fraud, etc. at the Chuncheon District Court, and the judgment became final and conclusive on July 1, 2016.

On July 24, 2014, the Defendant concluded that “D” offices located in Chuncheon-si, Chuncheon-si, had the victim E gather more than five million won of the market price. On the loan of the name, the Defendant purchased the said vehicle with the loan from the capital capital in the name of the victim, and repaid the monthly payment instead of the vehicle, and thereafter, would sell the said vehicle to the victim and pay two million won of the vehicle to the victim.”

However, at the time, the Defendant was bad credit holder, and was liable for the amount of KRW 50 million, and the Defendant was planning to use the remaining money for personal purposes. However, even if he was given a loan under the name of the victim, he did not intend to pay the amount in installments or pay the money to the victim by selling the said vehicle.

After obtaining consent from the injured party to receive a loan in the name of the injured party, the Defendant received a loan of KRW 17.7 million in the name of the injured party from the Hyundai Capital Capital on July 25, 2014, and received money from the F to the account in the name of the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. A complaint, a copy of a vehicle loan contract, a copy of a vehicle transfer certificate, a copy of a vehicle transfer certificate, a trade table of self-reliance deposits, a criminal investigation report (investigation into telephone recording) and a criminal investigation report (Submission of an application for the settlement of accounts of the complainants and the vehicle transfer

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the said judgment), search results of integrated cases (date of confirmation) and Acts and subordinate statutes;

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. The Criminal Act dealing with concurrent crimes;