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(영문) 창원지방법원 2015.10.08 2015고단1303

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 3, 2013, the Defendant made a false statement to the (B-201) IMD Global Office, located in Bupyeong-gu, Seocheon-gu, Busan, 207-1 (B-201), that “The Defendant would pay KRW 1,211,070 per month for 36 months from April 4, 2013 to April 20, 2016, if the Defendant borrowed the purchase price for the vehicle to purchase the vehicle, as if it is necessary to purchase the vehicle normally.”

However, in fact, the Defendant did not receive a loan for the purpose of owning a motor vehicle, but did not have any income from a certain occupation, and purchased a motor vehicle with a loan from the victim and then disposed of it and used it as personal living expenses, etc., and even if he received a loan from the victim, he did not have any intention or ability to repay the loan.

Nevertheless, the Defendant, by deceiving the victim as above, caused the victim to pay KRW 29.9 million on behalf of the defendant who purchased the vehicle on the same day to the (MD Global) MD Global who purchased the vehicle, and acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the written complaint, loan contract, loan examination slip, mark of Defendant account, certificate of personal seal impression, resident registration, confirmation certificate of eligibility for health insurance, details of request, deposit list, register of automobiles, and abstract and abstract of resident registration;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommending punishment] The basic area (6 to 100 million won) (6 to 106 months) of the basic area (6 to 100 million won) (the decision of sentencing] of the defendant.