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(영문) 수원지방법원 2019.09.05 2018고단7489

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant purchased D Launa vehicle in the Nam-gu Incheon Metropolitan City, which is located in the Dispute Resolution Co., Ltd., and received 14,000,000 won of the purchase price of the said vehicle from May 24, 2017 to May 25, 2020, the Defendant received an application for the loan from an employee in charge of the loan who is unable to know the names of the victim E-Co., and entered into a middle loan agreement on the condition that 519,577 won will be repaid every 25th day of each month for 36 months from May 24, 2017

However, the defendant had no intention or ability to pay the installment of 519,577 won each month because he was in office at the time and there was no certain income.

Nevertheless, the defendant deceivings the victim as above and obtained 14,00,000 won as the loan from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to suspect customer data output, medium loan contract, contract of collateral mortgage, contract of personal signature, certificate of personal signature, registration certificate, inquiry into motor vehicle register, register of motor vehicles and all matters to be registered;

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. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: Determination of sentence, taking into account the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of a crime, and circumstances after a crime was committed, the sentence shall be determined as ordered, taking into account various sentencing conditions shown in the arguments in this case

- The majority of the previous convictions of fine and the past convictions - The victim shall agree with the victim.