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(영문) 대구지방법원 서부지원 2015.12.03 2015고단1511

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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant stated that “The victim E will transfer an officetel located in the luminous to the victim’s name and will take out a loan as a security for the officetel. As the money is insufficient for the transfer of the name, the Defendant would use the vehicle in the name of the victim for the registration fee of the officetel and return the vehicle to the credit service provider for the use of the fee for the registration fee of the officetel and return the vehicle after one month.”

However, in fact, even if the defendant purchased a motor vehicle under the name of the victim and borrowed money to the credit service provider as a collateral, he/she was merely intended to use it for the personal purpose, and did not intend to use it for the registration fee of Gwangju Office, and did not have the intention or ability to return the vehicle to the victim.

The defendant received a loan from the modern capital capital in the name of the victim around that time, caused the victim to purchase the ecoo vehicle equivalent to 42.3 million won at the market price, and acquired the above vehicle through delivery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of the laws and regulations to the application for tea of the enemy (FF Ecuas vehicles) - Hyundai Capital - the application of the laws and regulations on the application;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Articles 32(1) and 25(3) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of the Defendant’s liability to compensate for the victim is unclear as a vehicle of ecuasium returned to Hyundai Capital) are heavy in that the Defendant committed the instant crime in that it committed the instant crime, even though he had a history of punishment for the same kind of crime.

However, the attitude of the defendant to make a confession and reflect on the crime.