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(영문) 광주지방법원 2014.07.11 2014고단1077

사기

Text

The punishment of the accused shall be four months by imprisonment.

except that 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 May 16, 2013, the Defendant purchased an A-Wurt-Wurt-Wur-Wurl-Wurd-Wurd-Wurd-Wurk-Wurk-Wurk-Jurk-Wurk-Wurk-Wurk-Wurk-gu, Seoul, to pay 60 months from the Victim Hyundai Capital Co., Ltd.,

However, in fact, the defendant did not have the intention or ability to repay the loan even if he obtained the loan.

The Defendant, by deceiving the victim as above, received KRW 14,80,00 from the victim as the purchase price of the vehicle, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes entered in the police protocol of statement C (26 pages of investigation record);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that there is no past record of punishment of imprisonment without prison labor or heavier punishment);

1. The scope of punishment that may be sentenced [decision of type] means the general fraud (less than KRW 100 million) - The participation in passive crimes by de facto pressure, etc. of mitigation elements [decision of the recommended area] [decision of the recommended area] mitigation area] from January to one year [the scope of recommendation] - Where most of the proceeds of crime of mitigation are not consumed and held yet;

2. Whether or not to add the suspension of execution - Major reasons for a negative failure - Where a significant amount of substantial damage is considerably small or a considerable amount of damage is recovered - The reason for general reference - Where it is not possible to recover negative damage - Where it has not spent most of criminal proceeds that have no positive criminal records of the suspension of execution but has not been consumed;

3. Four months of imprisonment with prison labor for a sentence (two years of suspended sentence);