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(영문) 울산지방법원 2017.04.20 2016고단4469

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

[criminal records] On September 28, 2012, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for the crime of breach of trust at the Ulsan District Court on June 6, 2012, and the judgment became final and conclusive on October 6, 2012. On January 18, 2013, the same court sentenced two years of suspension of the execution to one year of imprisonment with prison labor for the crime of fraud, and the judgment became final and conclusive on January 28, 2013. On January 8, 2015, the same court was sentenced to one year of suspension of the execution to four months of imprisonment with prison labor for the crime of embezzlement and became final and conclusive on January 16, 2015.

[2] On December 20, 201, the Defendant: (a) purchased a passenger car in Seoul Special Metropolitan City, Nowon-gu’s agency D'; (b) purchased the Eenz E300 car; and (c) made a false statement to a person in charge of Hyundai Lathatha loan in charge of Hyundai Lathathatha, which is part of the purchase price of the said benz car, to repay the 2,278,338 won each month between 36 months and 36 months each week.

However, in fact, at the time of the purchase of the said car, the Defendant had a debt equivalent to approximately KRW 4 billion, but it was immediately prior to the bankruptcy due to the absence of any particular income, and there was no specific plan for the repayment of installments. Therefore, even if the Defendant was given a loan from the injured party as the purchase price for the said car, there was no intention or ability to repay the loan in accordance with the agreement

In the end, the Defendant, as above, got a loan of KRW 65,40,000,00 from the victim under the pretext of the purchase price for automobiles.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police with regard to F;

1. A complaint (including a loan review list, an application for goods, a ledger of vehicle registration, and a list of requests);

1. Previous convictions: Inquiry into criminal history, confirmation of the previous convictions of each disposition, and application of each statute of the judgment;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. As to the instant crime with the reason for sentencing under Article 62(1) of the Criminal Act, the suspended sentence.