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(영문) 수원지방법원 평택지원 2013.05.31 2013고단455
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On August 9, 2012, the Defendant purchased K9 vehicles from the sales agency of the members of the Abandoned Motor Vehicle (State), located in Sungnam-gu, the other party of the Sungnam-gu, 1, 513-3, by borrowing KRW 40 million from the victim Hyundai Capital Co., Ltd.

However, the Defendant did not have any particular property, and even if the Defendant borrowed the above vehicle purchase fund from the victim, such as returning the above vehicle to the third party after purchasing the above vehicle, the Defendant did not have any intent and ability to repay the loan.

As above, the Defendant was given a delivery of KRW 40 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written complaints (including attached documents) and each investigation report;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and grounds

1. The scope of the recommended sentence for the sentencing guidelines / [type] the range of the recommended sentence for the sentencing guidelines / [type] the general fraud group (less than KRW 100 million) (the scope of the recommended sentence] shall be punished by imprisonment for six months to one year and six months;

2. In light of the fact that the value of the property acquired by the Defendant by deception is not a large amount, that is not agreed with the victim, and that the damage is not recovered at all, a sentence of sentence is inevitable.

However, in consideration of various sentencing conditions, such as the fact that the defendant is a patient with a fymosis who is a patient with a fymosis who is subject to three blood scopic treatment within one week, there is no same kind of force other than a previous one of the suspended execution, and the fact that the defendant recognized the crime and reflects

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