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(영문) 인천지방법원 2014.10.17 2014고단4827

사기

Text

A defendant shall be punished by imprisonment for six months.

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 2013, the Defendant was unable to pay the price for goods received from the customer because the company's financial standing is not good, and was willing to purchase high-priced vehicles with the customer and to pay the price for the goods by transferring them to the customer.

On May 22, 2013, the Defendant purchased one BMW car in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul, and acquired a financial agreement with the intent to approve the price of the goods as above, not for the purpose of operating the vehicle. Despite the absence of intent or ability to pay the vehicle installments due to the lack of the company’s circumstances, the Defendant prepared a financial agreement with the victim Non-MMW Korea Co., Ltd., Ltd. and the victim to pay the 2,633,740 won per month for 60 months, and it had the victim company pay the 123,625,000 won in return for the price of the above vehicle in the same place.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes to a detailed statement of payments, including a petition for complaint and an application for installment financing;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] is reduced area (10 million won or more, or less than 500 million won) (10 months or more through 2 years and 6 months), or damage and recovery has been made in considerable part;

2. The sentence shall be determined as ordered in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.