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(영문) 서울남부지방법원 2016.03.24 2015고단3389
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal records] On May 3, 2012, the Defendant was sentenced to the suspension of the execution of two years for a crime of violating the Punishment of Tax Offenses Act at the Seoul Southern District Court on June 3, 2012, and the judgment became final and conclusive on May 11, 2012. On August 14, 2014, the Seoul Central District Court sentenced the suspension of the execution of two years for a crime of violating the Punishment of Tax Offenses Act at the Seoul Central District Court on August 22, 2014.

[2] The defendant, on October 23, 2009, lent to the victim C the name of "one million won if he/she lends his/her name to purchase a vehicle in a part of the vehicle, and he/she can purchase a vehicle within eight months if he/she lends his/her name to the victim C.

“.....”

However, the defendant did not have any particular income at the time, and there was a debt equivalent to approximately KRW 80 million, and even if he purchased the vehicle in the name of the victim, he did not have the ability or intent to pay the amount properly.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim purchase the above vehicle in the name of the victim at a low price of 32,380,000 won in the market price, and acquired it by receiving the above vehicle from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A motor vehicle transaction contract, an application for motor vehicle loan, and a vehicle acceptance certificate;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of judgments concerning the violation of the Punishment of Tax Evaders Act), application of search-related Acts and subordinate statutes of each case;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the course and method of the instant crime; (b) the degree of damage; (c) the circumstances in which part of damage was recovered (the installment was paid); and (d) the first head and each case in which the Defendant

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