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(영문) 인천지방법원 2013.04.12 2013고단962
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around December 26, 2011, the Defendant purchased a 1248-34, Nam-gu, Incheon Metropolitan City 1248-34 from a car livering agency, and said, the Defendant fraudulently concluded that he/she purchased the said car with loans of KRW 23,300,000,000 from the free capital, and he/she will repay the 707,776 won per month to its employees for 36 months.

However, the Defendant did not use the said car normally and intended to get a loan as a collateral, and did not have the intent to repay the loan due to the lack of special property and import.

As above, the Defendant: (a) by deceiving the above employees in writing; and (b) by allowing the said employees to implement the loan, thereby acquiring pecuniary benefits equivalent to KRW 23.3 million; and (c) caused the victims to suffer pecuniary damages equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (a sales contract attached to a vehicle);

1. Application of installment application for automobiles, register of automobiles and Acts and subordinate statutes;

1. The provision applicable to the facts of crime, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of imprisonment [the circumstances favorable to the defendant], the reason for sentencing of sentence [the fact that the defendant confessions and reflects the facts of crime], and the fact that the defendant has paid the total of KRW 2,142,159 and some of the amount (1.50,000 won) in three installments, is not good (the circumstances disadvantageous to the defendant], and the

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