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(영문) 대구지방법원 김천지원 2019.01.09 2018고단788

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant: (a) purchased a low-priced vehicle at the second highest-class shop in Suwon-si in Suwon-si on April 8, 2015; (b) requested an application for a loan for a loan; and (c) made a false statement to the employee in charge of the victim B Co., Ltd., which was requested to grant a loan of KRW 16.7 million for a loan; and (d) paid KRW 624,000 per month for 36 months.

However, in fact, the Defendant was required to pay a rent, and the Defendant entered into a middle and high-class sales contract in the name of the Defendant through a loan broker and planned to deliver the vehicle to the loan broker and to receive a certain price, and there was no intention or ability to operate the vehicle by actually purchasing the vehicle and pay the loan.

The defendant had the victim pay the above car purchase price of KRW 16.7 million to the non-motor vehicle dealer who sells the above car on the same day on the same day, and acquired the pecuniary profits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. A supplementary statement of complaints filed in D;

1. Application of the Acts and subordinate statutes of the B-J loan application document and the Motor Vehicle Registration Register;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Social Service Order Criminal Act [Determination of Punishment] The basic area of punishment [decision of the recommended area] [the scope of punishment] six months to one year and six months [the elements of mitigation: Suspension of execution] - Where most of the proceeds of crime are not consumed and held (whether suspended execution is suspended or not] - Major reasons for writing (unlawful reasons): Unagreement - Where the scale of actual damage is considerably small: Where there is no effort to recover damage - there is no general reason for writing (unlawful reasons): Where there is no criminal record of more than 10 million won, and most of the proceeds of crime are not consumed and kept (the punishment and recommendation type): January to October 10.