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(영문) 전주지방법원 군산지원 2018.07.27 2018고단374

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On November 25, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Daejeon District Court Seosan branch on November 25, 2014. On November 25, 2015, the branch office of the Daejeon District Court has completed the execution of the sentence.

[2] On November 25, 2016, the Defendant and B concluded that the Defendant and the Defendant would repay the principal and interest of the vehicle for 36 months each month by creating a mortgage on the vehicle when they applied for installment financing in the name of the injured party Dog Capital Co., Ltd. to the Seoul High SM7 Co., Ltd. at the Oral Finance Office, the Seoul High School Co., Ltd., Ltd., which is located in 1/16 of the Seocho-gu Seoul High School of Korea.

However, at that time, the Defendant was sentenced to bankruptcy due to approximately KRW 250 million debt, and approximately KRW 6 million was urged to repay the credit card payment debt. Since the purchase of the said vehicle and the economic situation was immediately urgent to the extent that it would immediately provide it as collateral and lend money to another bond company, even if the Defendant borrowed money from the damaged party, the Defendant did not have any intent or ability to repay the principal and interest, and the Defendant agreed to apply for the loan under his/her name upon the Defendant’s request by well-known knowledge of the above circumstances.

The Defendant and B received KRW 22 million from the injured party as a loan for installment financing on the same day.

Accordingly, the defendant and B were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Legal statement between the defendant and B;

1. Statement made by the police against D;

1. E statements and written complaints;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (the fact that the suspect has committed a same repeated offense);

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.