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(영문) 광주지방법원 순천지원 2015.04.23 2015고단79
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 3, 2011, the Defendant was sentenced to imprisonment of one year and six months at the Seoul Western District Court for fraud, etc., and the parole period on October 28, 201 during the execution of the sentence was expired on December 12, 2011. On March 27, 2014, the Defendant was sentenced to imprisonment of one year and six months at the Incheon District Court for fraud, etc., and was sentenced on May 23, 2014, and the judgment became final and conclusive and conclusive on May 23, 2014, is the execution of the sentence (scheduled to terminate the term of imprisonment on September 30, 2015) in a net prison.

On April 25, 2012, the Defendant, in collusion with C, purchased a 22,400,000 won from the office of the Bag Capital, from the office of the Gangnam-gu Seoul, Seoul, to purchase a vehicle (vehicle number D) and entered into a vehicle security agreement to pay the 680,430 won per month with the 36-month interest rate.

However, in fact, the Defendant did not have money at all at the time and did not have a certain occupation. After purchasing a vehicle through a vehicle security loan, C promptly disposes of the vehicle, and the Defendant purchased the vehicle at 70% of the vehicle price from C, and even if receiving the loan, there was no intention or ability to repay the loan.

Nevertheless, the Defendant, by deceiving the victim as above, received 22,40,000 won from the victim as a loan for the vehicle price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Examination protocol of suspect C:

1. A complaint filed by one capital company, domestic written agreement, inquiry into the balance of claims, investigation report (in the event of a complainant or his/her agent, etc.), investigation report (in the course of investigation), and judgment on C;

1. A previous conviction: An inquiry report, the ordinary records of disposition, the results of confirmation, and the application of Acts and subordinate statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The Criminal Act dealing with concurrent crimes;

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