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(영문) 대전지방법원 천안지원 2020.04.01 2019고단2357
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 24, 2017, the Defendant was sentenced to imprisonment with prison labor for eight months at Seoul Southern District Court for a violation of the Road Traffic Act, and the judgment became final and conclusive on September 1, 2017.

ex officio recognize.

As the Defendant and B did not have any circumstances to purchase vehicles with installment loans due to bad credit standing, they purchased vehicles with installment loans in another person's name, and offered loans remaining after purchasing vehicles to be distributed by the Defendant and B.

On June 1, 2017, the Defendant and B stated to the effect that “the Defendant would transfer the name of the vehicle to the victim E after three months from a week on which the Defendant borrowed the name of the loan and received the loan from the Defendant, in order to do the construction work.”

However, the defendant could not use the vehicle even if he purchases the vehicle due to the condition that the license is revoked due to drinking driving, and both the defendant and B are bad credit holders, and there was no intention or ability to pay the installment due to loan because of lack of certain income or occupation.

The Defendant and B had the victim borrow KRW 35 million from the F Co., Ltd. on June 2, 2017 to purchase the 1st share of the G B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, the Defendant conspiredd with B to acquire pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the prosecution concerning B;

1. E prosecutorial statement;

1. Investigation report (to hear statements at the H phone of a witness);

1. Each specification of transactions, payment note, etc.;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as a copy of criminal history records, reply reports, or a copy of case records;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Mitigation of deaf-mutes;

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