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(영문) 대전지방법원 2019.07.25 2019고단1385

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 February 2018, the Defendant was able to obtain a loan with high credit rating, and the Defendant was able to receive a short term loan between financial institutions with the knowledge that the details of the loan are not stated in a short term, and was able to raise funds by receiving a short term loan or by purchasing a vehicle with a new installment loan after purchasing the vehicle.

On March 14, 2018, the Defendant entered into a new installment loan agreement on the condition that the Defendant would pay KRW 1,096,435 each month from March 14, 2018 to March 25, 2023 for KRW 59,10,000 with the victim and the passenger car price of KRW 59,10,000, at the Incheon Central High Office of Incheon, Inc., Ltd. (Seoul Bupyeong-gu).

However, the Defendant thought not only in the short-term period, but also in the lawsuit filed by E around March, 2015, lost around approximately KRW 5,986,00 and paid it on February 2, 2016, and received benefits equivalent to KRW 2,650,00 at the time, but was consumed by all of the cost of living, such as credit card price, etc., so there was no intention or ability to pay the loan even if the Defendant received the loan from the victim.

On March 15, 2018, the Defendant, by deceiving the victim as above, received 59,100,000 won as a loan for the purchase of new installment around March 15, 201, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement prepared by the F;

1. Application of Acts and subordinate statutes concerning certificates of new installment contract, certificates of register of automobiles, replies to requests for investigation cooperation, investigation reports (credit information replys, suspect currency), and records of the progress of civil procedure;

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

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

1. The scope of recommendations according to the sentencing guidelines (a decision of type) shall be a fraudulent crime;