logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.09 2015고단4029
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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 April 20, 2010, the Defendant made a false statement that “The Defendant would pay KRW 856,227 for 36 months each month to the employees working in the “former Motor Vehicle Sales Office of Limited Liability Company,” which is located in the Busan Metropolitan Transportation Daegu, to purchase the last used cars of the victim Hyundai Capital,” to the employees working in the “former Motor Vehicle Sales Office of Limited Liability Company,” which is located in the said office.

However, in fact, the defendant did not want to purchase the above vehicle and operate it actually, but did not have the intention or ability to pay monthly installments for the purpose of entrusting the above vehicle to other persons as security and obtaining a loan.

The Defendant received 20,770,000 won from the victim for the purchase of used cars.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of the complaint, letter of application for loans to purchase second or second or second or higher vehicles, register of automobiles, details of deposits, statement of claims, and review table

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Apr.

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing (Determination of types), general fraud, type 1 (less than KRW 100 million), and no basic area (the scope of a recommendation sentence) (the scope of a recommendation sentence) 6 months to 1 year and 6 months;

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution of two years, and order of community service for 120 hours;

arrow