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(영문) 수원지방법원 평택지원 2019.06.14 2017고단2118

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 22, 2016, the Defendant offered DK9 car as security at the residence located in B Apartment-si apartment C, Chuncheon, and borrowed KRW 40 million from the victim E, and set up a collateral security on the said car.

Nevertheless, on July 25, 2016, the Defendant borrowed KRW 45 million from F, a bond business operator, from F, and provided the said vehicle as a security, thereby making the said vehicle known, thereby preventing the victim from exercising the right to collateral security.

Accordingly, the defendant concealed the vehicle owned by the defendant and interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G, F, and H;

1. A complaint;

1. Automobile register;

1. Statement of impossibility of delivery of automobiles;

1. Application of Acts and subordinate statutes of a motor vehicle transfer certificate;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: Imprisonment with prison labor shall be chosen for ten months in consideration of the fact that the damage from the crime of this case is not considerable and the damage has not been recovered, for two years of suspended sentence, and the community service order 160 hours in ten months;

However, considering the fact that the defendant recognizes the crime of this case, the fact that there is no record of the crime exceeding the fine of the defendant, the age, character and conduct, the environment of the defendant, the motive, means and result of the crime of this case, the circumstances after the crime, and the scope of recommendations according to the sentencing guidelines, etc., the punishment shall be determined as ordered.

Parts of innocence

1. The summary of the facts charged is as follows: B. around June 22, 2016.