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(영문) 인천지방법원 부천지원 2018.08.23 2018고단1494

사기

Text

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

Reasons

Punishment of the crime

On November 201, 201, the Defendant purchased a passenger car under the name of the non-member of the Defendant and the name of the Defendant, sold the car by a tentatively named 's vehicle', and conspired to have the price divided.

On December 1, 2011, the Defendant purchased B SP vehicles at a non-displace on December 1, 201, and made a false statement to the effect that “The Defendant would pay 26,600,000 won to employees in the name of the victim Co., Ltd. for each month for 36 months of the loan interest rate of 25.9% on the face of the State.”

However, in fact, the Defendant did not have certain occupation or property at the time, and was thought to distribute the said car as a prompt term “short-term” without having actually received delivery, so there was no intention or ability to pay the loan even if the Defendant received the installment loan from the victim company.

Nevertheless, the defendant in collusion with his name in order to obtain 26,60,000 won from the victim company as a loan for the purchase of vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. C heavy loan application form;

1. Details of repayment of principal and interest;

1. Automobile registration certificate and original register of automobile registration;

1. The examination table;

1. Application of Acts and subordinate statutes to certify actual motor vehicles;

1. Relevant statutory provisions on criminal facts, Articles 347(1) and 30 of the Criminal Act on the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of sentence] types 1 (not more than KRW 100 million) in the basic area (from June to one year and six months] [the person who is subject to special sentencing] [the decision of sentence] unfavorable circumstances: The defendant shall obtain money from the victim in collusion with the person who is not the name of the victim, and the nature of the crime is not good.

The amount of damage is about 26 million won.

There was no agreement with the victim.

The favorable circumstances: The mistake is recognized and reflected.

There is no record of punishment for the same crime.

In addition, in full view of the motive and background of the crime, the means of the crime, the circumstances after the crime, etc., and various sentencing conditions shown in the theory of change.