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(영문) 대구지방법원 서부지원 2015.11.13 2015고단1016
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was sentenced to 8 months of imprisonment with labor for a violation of the Act on the Promotion of Game Industry at Seoul Southern District Court. On December 24 of the same year, the above judgment became final and conclusive on December 24 of the same year, and completed the execution of the sentence at Seoul Southern Southern District Court on January 4, 2012

On January 7, 2013, the Defendant entered into a loan contract for KRW 25,70,000 on the purchase price of a vehicle with the damaged company and KRW 1,040,953 per month for the period from January 8, 2013 to 36 months, as the term "the condition for the equal installment repayment of principal and interest" in the “the terms of the damage company and the damage company's 10th day from January 8, 2013.”

However, the Defendant was given a loan from the victimized Company from the beginning and purchased the vehicle.

Even if the above vehicle was immediately disposed of to another person, there was no intention to operate it, and there was no intention or ability to repay the loan.

Nevertheless, the Defendant, as above, by deceiving the victim, obtained a loan of KRW 25,700,000 from the victim on January 8, 2013, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Investigation report (verification of the register of automobiles and details of subscription to the mandatory insurance);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (precluding repeated crimes against suspects and confirmations)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act of Aggravation of repeated crime is not well-known even though the defendant was a repeated crime, and the crime of this case was committed, and the amount of money obtained by deceiving a large amount of money without intent to repay the purchase price of the vehicle is not less vulnerable to the nature of the crime. The vehicle disposed of by the defendant is distributed in the large lane, and the social harm caused by the distribution of the large lane is not much significant, and most damage has not been repaid until the considerable date has passed.

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